HomeMy Public PortalAbout09) 7E Final Map Approval for Tract Map 71832 9532, 9542 Olive StreetAGENDA
ITEM ?.E.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: Septe mber 1, 2015
TO : The Ho norable City Counci l
FROM : Bryan Cook, City Manager
Via : Mic hael D. Forbes , A ICP, Community Development Director ~
By: Hesty Liu , AICP , Associate Planner
SUBJECT : FINAL MAP APPROVAL FOR TRACT MAP NO. 7 1832 , A SIX-LOT
SINGLE-FAMILY SUBDIVISION PROJECT AT 9532 , 9542 OLIVE
STREET
RECOMMENDATION:
The City Cou nci l is requested to :
a) Receive the Subdivision Improvement Agreement (Attachment "A ");
b) Approve the f inal subdivision map for Tract Map No. 71832 and dedications
indicated on the map (Attachment "B");
c) Authorize the C ity Manager to execute the Subdivision Improvement Agreement;
and
d) Authorize the Ci ty Clerk to certify Tract Map No . 71832.
BACKGROUND:
1. On May 24 , 2013 , the City received the application propos ing a six-lot subdivision
project for the p roperty located at 9532 , 9542 Olive Street. The site consists of two
existing lots both of which are zoned R-1.
2 . On June 3 , 2013 , the tentative maps were distributed to the Department of Public
Works of Los Angeles County and Los Angeles County Fire Department for review
and comment.
3 . On February 25 , 2014 , th e application was deemed complete.
City Council
September 1, 2015
Page 2 of 3
4. On March 25, 2014 , at a noticed public hearing , the Planning Commission reviewed
and approved the subdivision .
5. On June 19 , 2014 , the Fire Department reviewed and approved the final map.
6. On November 11 , 2014 , the "Declaration of Covenants, Conditions, and
Restr ictions" prepared for the project was reviewed and approved by the City
Attorney .
7. On February 20 , 2015, the City Engineer (Transtech) advised the City that the final
map prepared for the project was approved from a technical stand point.
8. On June 2 , 2015 , t he developers deposited the security deposits in the amount as
requ ire d by the City 's Subdivision Improvement Agreement.
9. On August 3, 2015 , the developers signed and submitted the Subdivis ion
Improvement Agreemen t.
ANALYSIS:
The tentative map for th e deve lopment was approved in 2014 . The approval was based
upon the co nclusion that the project was consistent with the General Plan and the Zoning
Code . The approved tentative map was granted an initial life of two years from the date of
approval. Since tentative map approval , the applicant has gradually worked to fulfill the
conditions imposed on the project fo r the final map . Now the final map has been reviewed
and approved by the City Engineer and the Fire Department. The applicant also signed
the Subdivision Improvement Agreement and submitted the security deposit for the
improvements of the subd ivision . Staff th erefore concludes that th e final map is ready for
certificat ion . Certifying the final map will allow the developer to record said map and start
constru ction of the project.
CONCLUSION:
Based upon the finding that the final map is in substantial co mpliance with t he approved
tentative map , staff recommends that the City Council receive the security deposit for the
street improvements, authorize the City Manager to execute the Subdivision Improvem e nt
Agreement, and approve the final map for the project.
City Council
September 1, 2015
Page 3 of 3
FISCAL IMPACT:
Approval of this item will not have an impact on the City 's budget for Fiscal Year (FY)
2015-16 .
ATTACHMENTS:
A . Copy of the Subdivision Improvement Agreement
B . Copy of Final Tract Map No . 71832
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(D ocument exempt from re co rding fees
pursuant to Ca l. Gov. Code§ 273 83)
CITY OF TEMPLE CITY
Attn: Bryan Cook, C ity Manager
9 70 1 Las Tunas Dri ve
Templ e City, Cal ifor rua 9 1780
Attachment A
Tms SPACE FOR RECORDER'S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 71832
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
OLIVE STREET GROUP LLC.
DATE D _________ , 2015
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 71832
This S ubdi v is ion Improvement Agreement ("Agr eem ent") is e ntered in to as of this __
day of , 2015 by and between th e City of Templ e C ity, a municipal corp oratio n
("C ity") and Olive Street Group LLC. ("Deve loper"). City and Develope r are sometimes
here inafter individually referred to as "Party" and he re inafter co ll ect ive ly referred to as the
"Partie s."
RECITALS
A. Developer has submitted to City an appl ication for approval of a final tract map
fo r re a l property lo cated within City, a legal description of which is attached hereto as Exhibit
"A". The tract map is id entified in C ity records as Tract Map No. 7 1832 . On March 25, 20 14,
the City conditionall y approved Tract No. 71832.
B. D eveloper has not completed a ll of the work or made a ll of the Public
Improvements required by the Subdivis io n Map Act (Government Code sections 66410 et seq .),
("Map Act") th e C ity Ord in ances , th e co nditi ons of approval for Tract No . 71832 , or other
ord in ances, resolutio ns, or policies of C ity requiring construction of improve ments in
conjunction with the subdivision of land.
C. Purs uant to City O rdina nces and the app licab le proVISIOns of the Map Act,
Developer and City enter into this Agreement for the timely construction and completion of the
Public Improvements and the furnishi ng of the security therefor, acceptable to the City Engineer
and City Attorney, for Tr act No. 71832.
D . City has authority to enter into thi s Subdivision Improvement Agreement pursuant
to Government Code Sections 66499 -66499.1 0.
E. Pursuant to Government Code Section 66499, Deve loper's execution of this
Ag reem e nt and the provi s i on of the sec urity ar e made in conside ra tion of C ity's a pprova l of the
.fi na l map for Tract No. 71832.
DEFINED TERMS
"Developer" shall mean Olive Street Group LLC. , a Limited Liability Company. The term
"Developer" s hall also include all assignees, to the ex tent permitted under this Agreement, of the
right s and obligations of Deve lo pe r under thi s Agreement, and any s uccesso r-in-interest to
Develope r having a le ga l and/or eq uitab le interest in the Property .
"Estimated Costs" shall m ean the C ity Engineer's ap proximation of the actual cost to co n s truct
th e Public Improvement s, including th e re pl acement co s t for a ll landscaping.
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"Litigation Exp en ses" shall mean all costs and expens es, to the extent reasonable in amount,
actually and necessaril y inctmed by a party in good faith in the prosecution of an action o r
proceeding, including, but not limited to , court cos ts, filing, recording, and service fees, copying
cost s, exhib it production costs , specia l m ed ia re nta l costs, attorneys' fees, fees for in vestigators,
witness fees (both lay and expert), travel expenses, deposition and transcript costs and any oth e r
cost or expen se, the award of which a court of competent j urisdictio n may determine to be just
and reasonable.
"Map Act" s ha l l mean the Subdivi s io n M ap Ac t, Government Code Sections 664 10 et seq.
"Property " sha ll mean t he all of th e rea l property contained within the boundaries of Tract Map
No. 7 1832 located in the City ofTemple Ci ty, California, as is more particularl y described in the
le ga l d escript io n and tract diagram at tached hereto a nd in corpo rated he reby by reference at
Attachment "A".
"P u blic Improvements" shall include, but not be limited to, a ll grading, roads, streets, paving,
curbs and g utters, s idewalks, paseos, p a thways, trails, sanitary sewers, uti lities, storm drains,
detention and retention bas ins and othe r drainage fac ilities, traffic contro ls, la nd scaping, str eet
li g hts and a ll other faciliti es required to be constructed and dedicated to th e City or other publ ic
e ntity as conditions of appro val of Tenta ti ve Tract Map No. 7 1832 a nd as s hown in detail o n the
p la ns, and specifica tions which have been a pproved by the C it y and incorpora ted into Tract Map
No. 7183 2 . T h e Parties agree that the Pub l ic Im provem e nts to be completed by D eve lo per are
more specifically described in th e diagra m or p la n attached he reto an d incorporated herein by
refe re n ce as Attachment "B". Notwiths tanding, Attachment "B", D eveloper s ha ll remain
obligated to construct and complete all of the Public Improvements required as conditions of
approval for Tentative Tract Map 71832 .
"R equired In s ura n ce" shaH mean the insurance required to be maintained by Developer under
ection 17 .
"S ec urity " s hall mean suret y bonds in the amounts and under th e terms of Sectio n 12 o r othe r
security appro ved by C ity Engineer o r C it y Attorney.
"Tract Map N o 7183 2." shall mean th e fi na l map prepared and approved by the City for
Tentative Tract Map No. 7 1832.
"Warranty" sh a ll mean the one year pe ri od fo ll owing completion of the Public Improve ments by
Devel oper and the acceptance of the Public Improvements by the C it y in w hi c h Developer
warr a nt s and guarantees a11 Public Improvements .
OPE RATIVE PROVISIONS
OW, THEREFORE, in cons id er ation of the mutual promise s and covenants made by
the parties and conta ined here and othe r con s ideration, the value and adequacy of which are
he reby acknowledged , th e pa11ies agree as foll ows :
I . EFFECTIVENESS. Thi s A greem e nt s hall not be e ffe c tiv e unle ss and until a ll
four (-+) of the fo ll owing c ondit io n s are s ati s fi ed in th e o rd e r provid ed:
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1.1 Security. Developer provides City with the ecurity of the type and in the
amounts required by thi s A g reement;
1 .2 Final Map and Agreement Approval. The City Co un cil of the C it y
("City Counci l") approves the fina l m ap for Tract No. 71832 and this Agreement;
1.3 Record Agreement. Developer and City execute the Agreement and City
records this Agreem e nt in the Recorder's Office of the County of Los Angeles; and
1.4 Record Final Map . Developer records the final map for Tract o. 71832
in the Recorder's Office ofthe County of Los Angeles.
If the above described conditions a re not sati sfied in the order, manner and within the time
provided under t hi s Agreement, thi s Agreement shall automatically te rminate without need of
further action by either City or Developer.
2. P U BLIC IMPROVEMENTS. Developer shall construct or have co nstructed at
its own cost, expense, and li ab ili ty th e Public Improvements, as defined herein , w ithin the time
and in the manner required under this Agreement. Construction of the Public Improvements
s hall include any transitions and/or other incidental wo rk deemed necessary for drainage o r
public safety. The Developer shal l be responsible for the repl acement, relocation, or removal of
a n y component of any irr igation water or sewer sys tem in confl i ct with the cons truction o r
in sta ll ation of the Public Improvements. Such rep lacem ent, relocation, o r removal s hall be
performed to the complete sati sfaction of the City Engineer and the ovmer of such water or sewer
system. Developer further promises and agrees to provide all equ ipment, tools, materials, labor,
tests , design work, and engineering services necessary or required by City to fu ll y and
ad equate ly complete the Public Improvem ents.
2 .1 Prior Partial Construction of Public Improvements. Where
construction of any Public Improvements ha s been partiall y completed prior to this Agreement,
Develo p er agrees to complete such Pub lic Improvements or ass ure the i r comp letion in
accordance with this Agreement.
2.2 Permits; N otice ; U tility Statem e nts. Prior to commencing any wo rk,
Developer shall , at its so le cost, expense, and liability, obtain a ll necessary permits and approvals
and give a ll necessary and incidenta l no ti ces required for the lawful cons truction of the Public
Improvem ents and performance of D eveloper's obl igat io ns under this Agreement. Developer
shall conduct the work in full compliance with the regu lations, rules, and other requirements
contained in any permit or approval iss ued to Developer. Prior to commencing any work,
Developer s ha ll file a written statement w ith th e City Clerk and the C it y E ngineer, signed b y
Developer an d each utility whi ch wi ll provid e utility service to the Property, attesting that
D eveloper has made a ll depos its legally required by the utility for the extension and provision of
ut il ity service to the Property.
2.3 Pre -approval of Plan s and Specification s. D eveloper is prohibited from
commencing work on any Public Imp rovement until all plans a nd specifi cation s for such Public
Improvement ha\'e been submitted to and approved by the City Engineer. or his or her designee.
Appro\·al by the C ity Engineer shall not relie\·e Developer from ensurin g that all Public
Improvements conform with all o ther requi rements and stand a rd s se t forth in thi s Agreement.
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2.4 Qua li ty of W ork; C ompli a n ce with Laws a n d Cod es. The construction
plans and specifications for the Public Improvements shal l be prepared in accordance with all
appli cable federal, state and local laws, or d inances, regu lations, codes, standards, and other
re qui rements. T h e P ubli c Improvem ents sh all be com plet ed in accordance w ith all app roved
maps, plans, specifi ca ti o ns, standard dr awin gs, and special amendments theret o on file with City,
as well as all applicabl e federal, state, and local laws, ordinances, regulations, codes, standards,
and o ther requirements app li cable at the tim e work is actuall y commenced.
2.5 Standard of Performance. Developer and its contract ors , if any, sh a ll
perfo rm all work re q uired to construct th e P ublic Improvem ents under th is Agreement in a
skill fu l and wor kmanli ke manner, and con sistent with the standards ge nera ll y reco g nized as
being emp loyed by p rofess ionals in the same d iscipl ine in t h e St ate of Cali fornia. Deve lo per
repr esents and m a inta in s th a t it o r its c ontrac to rs sha ll be skill e d in the p rofess ional calling
necessary to perform the work. D eveloper warrants that a ll of i ts employees and contractors
shal l have sufficient skill and experience to perform the wo r k ass igned to t hem, and that they
shall have all l icenses, permits, quali fications and approval s of wh atever nature that are lega ll y
req uired to perform the work, an d t h at s uch licen ses, per m it s, q ualifications a nd approvals sha ll
be mai ntained thro ugho ut the term of thi s Agreement.
2.6 Alte rations to I mprovem e nts. All work shall be done and impro vements
made and comp leted as s h own on app roved p lans and specifications, and any subsequent
a lter a ti ons ther e to. If d ur ing t he course of co nst r uction an d install ati on of the P ub l ic
Impr ovements it is d etermined that t he public · interest requires a lteratio ns in the Pub lic
Improvement s, Devel oper shall undertake s uch design and construction changes as may be
reasonably re quired by City. Any and a ll alte rations in the plans and spec ifications and the
Publ ic Imp rovem ents t o be comp let ed m ay be accompl ished w i th ou t giv ing prior notice t hereof
to D eveloper's surety f or th is Agreem e nt.
2. 7 Other Obligations R e fe r e nced in C onditions of Tenta tive M ap
A pproval. In add ition to the foregoi n g, Develo per s hal l sati sfy all of the co n d i tion s of approval
o n th e tentative m ap f o r the Property. The cond itio ns of approval are i dent ifi e d o n Ex hibit "D "
hereto.
3. MAI NT ENANCE O F P UBLIC I M PROVEMENTS AN D L AND SCAP ING.
C ity s hall not be respons ib le o r l iable fo r the maintenance or care of t he Public Improvements
until City forma ll y a pproves and a ccepts them in accordance w i th its poli c ies and pr ocedures.
C ity s hall exercise no control over the P ubli c Improvements until approved and accepted . Any
u se by any person of the Publi c Improvements , or any portion thereo f , shall be a t the so le and
exclus ive risk of the Developer at a ll t imes prior to C ity's acceptance o f the Public
Improvements. Develope r s ha ll maintain a ll the P u blic Imp rovem ents in a s ta te of good repa ir
until they are completed by Developer a nd approved and accepte d by City, and until the security
fo r the performance of th is Agreement is released. Maintenance sha ll include, but sha ll not be
li mited to, repair of pave me nt , c urbs , gutters, s idewa lks, signals, parkways, water mains, and
sewers; maintaining a ll landscaping in a v igorous and thriving condition reasonably acceptable to
Ci t y; removal of deb ri s from sewers and storm drains; a nd sweeping, repairing, and maintaining
in good and s afe condition all streets and street improvements. It sh a ll be Developer's
respons ibilit y to initiate a ll ma intenance work, but if it s hall fail to do so. it shall prompt ly
pe rform s uch mainte nance wo rk when notified to do so by City. If Developer fail s to properly
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prosecute its maintenance obligation under this section, City may do all work necessary for such
maintenance and the cost thereof shall be the responsibility of Developer and its surety under this
Agreement. City shall not be respons ibl e or liable for any damages o r injury of any nature in any
way rel ated to or caused by the Public Improvem ents or th e ir 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 with in two years (21months) following a pproval of the final map for Tract Map
No. 71832.
4 .1 Extensions. Ci ty may, in its sole and absolute di scretion, provide
D eveloper with additiona l time wit hin which to com plete th e Public Improvements. It is
unders tood that by providing the Security required und e r Section 12.0 et seq. of thi s Agreement ,
Developer and its surety consent in advance to any extens ion 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 extens ion of time granted by City shall constitute a waiver by Developer and its surety of
all defense of laches, estoppel, statutes of limitations, and other limitations of action in any
action or proceeding fil ed by City fo ll owin g the date on whi ch the Public Impro ve men ts were to
h ave been complete d he reunder. In additi on , as consideration for grantin g such extens ion to
Developer, City reserves the right to revi ew the provisions of this Agreement, including, but not
limited to, the construction standards, the cost estim ates establi s hed by City, and the sufficiency
of the improvem e nt security prov id ed by Deve loper, and to require adjustments the reto w hen
warranted according to City's reasonable di scretio n .
4.2 Accrual of Limitations Period. Any limi tations period provided by law
related to breach of this Agreement or the terms thereof sha ll not accrue until Developer has
provided the City E ngine er with written notice of Developer's intent to abando n o r otherwi se not
complete required or agreed upon Public Im provements .
5. GRADING . Developer agrees that any and all grading done or to be done in
co njunction with construction of the Public Improvements or development of Tract Map No.
71832 sha ll co nform to a ll federal, state, and local laws, ordinances, reg ul at ions, a nd other
requirements, including City 's gradi n g regu lations . A ll grading, landscaping, and construct ion
acti v iti es shall be performed in a manner to control erosio n and prevent flooding problems. The
City E n gineer s hall have the au th ority to require erosion plans to prescr ibe re asonabl e contro ls
on the method, manner, and time of gradi ng, land scapi ng, and construction activities to prevent
nui sances to surro undin g properties. Plans shall include without limitation temporary drainage
a nd e rosion control requ irements, dust control procedures, restrictions on truck and other
construction traffic routes, noi s e abatem ent procedures, sto rage of materials and equipment,
r e moval of garbage, tras h , and refuse, sec urin g the job s it e to preve nt injuty, and s imil ar matters .
In order to prevent damage to the Public Improvements by improper drainage or other hazards,
the grading shall be completed in accordance with the time schedule for comp letion of the Public
Improvements establi shed by thi s Agreement, and prior to City's approval and acceptance of the
Public Improvements and releas e or th e ecurity as set forth in ection 12.0 et ~· of thi s
Agree ment.
· 6. UTILITIES. Deve lo per s ha ll prov id e utility servi ces . in clud ing w a te r, sewe r.
p o we r. gas. a nd te lepho ne serv ice to serve each parce L lo t, or unit o r la nd w ithin Tract M a p N o.
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71832 in accordance with all applicabl e federa l, s tate , a nd local laws, rules, and regulations,
including, but not limited to , the regu lations, sch ed ul es and fees of the uti li ties or agencies
providing s uch services. Except fo r commercial o r indu s tria l properties, D eve loper s hall a lso
provide cable television fac il iti es t o serve each parcel, lot, or unit of land in accordance wit h a ll
applicable federa l, state, a nd local laws, ru les, and regulations, including, but not limited to , the
requirements of the cable company possessing a valid franchi se with City to pr ovide suc h s ervice
with in City's juris dict ional lim its. Al l u t ili ties shall be in stalled underground.
7. FEES AND CHARGES. D eveloper s ha ll , at its sole co s t, ex pense, and li a bi li ty,
pay all fee s, charges, and taxes aris ing o ut of construction of the Public Im provements,
inc ludin g, but not li mited to, a ll p lan check, design review, e n gineerin g, inspection, and other
servi ce fees, an d any impact o r co nnection fees estab li s he d by City ordinance, resolution,
regul ation , or po li cy, or as established by City re la ti ve to Tract Map N o . 7 1832, or as re qu ired by
other governmental agencies having jurisdiction over Tract Map No. 71832 .
8. CI TY INSPECTION OF PUBLIC IMP ROVEMENTS. Developer shall , at its
s o l e cost, expense, and l iabil ity, and a t a ll times during cons truction o f the Pub li c Improvem ents,
maintain reasonab le and safe facilities and provide safe access fo r insp ect ion by City of the
Public Improvem e nts and areas w he re construction of th e Publ ic Improvements is occurrin g or
wi ll occur. If the City ins pector requests it , th e D eve loper at any time before acceptance of t he
P ublic Improvem e nts shall remove o r uncover s uch portions of the fini s hed work as may be
di rected which have not previous ly been insp ected . After examination, t he Developer sha ll
restore said portion s of th e work to the standards required hereunder. Insp ectio n or supervision
by the City s hal l not be co ns id ered as d irec t contro l of the indiv idua l workm e n o n the job s ite.
C it y's in spector s hall have the a uthority to sto p any and all work n ot in accordan ce w ith the
re quirem e nt s contained or reference d in thi s Agreement. The in spection of the work by City
s hall not rel ieve D eve loper or the co ntracto r of an y ob li ga t i ons to fu l fi ll this Agreeme nt as herein
prov ided , and unsuitable material s or wo rk may be rejected notwithstanding tha t such materials
or work may have been previous ly overl ooked or accepted.
9. ADMINISTRATIVE C OSTS . If Deve loper fa i l s to construct and install all o r
any part of the Publi c I mprovements within the time required by this Agreement, or if Developer
fail s to compl y w it h any other obli gation contained herein , D eve lop e r an d its surety s hall be
jointly and severally li able to City fo r a ll administrative expenses, fees , and costs, including
reasonable attorney 's fee s and costs, incurred in o bt aining compliance with thi s Agreement or in
process in g a n y legal action or for any o th er remedies permi tted by law.
10. ACCEPTANCE OF IMPRO VEMENTS; AS -BUI LT O R REC ORD
DRAWINGS. The C ity Coun cil may, in its sole and abso lut e di scretion, accept fu ll y completed
po rt ions of t he P ub li c Improve me nts p ri or to s uch time as a ll of t he Publi c Improveme nts are
complete, which shall not re lease or modify D eve loper 's o b ligatio n to complete the r emainder of
th e Public Improvem ents within the t ime requ ired by thi s Agreement.
10.1 D eve lop er's Notice of Co mpletio n . U po n the to ta l o r partia l acceptance
of th e Public Improvements by Ci t y, Developer s ha ll fi le w i th the R ecord er 's Office of the
County of Los Angeles a noti ce of co mpl etion for the accep te d Public Improveme nts in
accordance with Cal ifornia Civil Cod e sec ti on 3093 . at w hi ch t im e the accepted Public
I mprovements s h a l l become the so le and exclus ive property of C ity without payment therefor.
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10.2 City Acceptance of Public Improvements . If Tract Map t o. 71832 was
ap proved a nd record ed as a single phase map, City s ha ll not accept any o ne o r more of the
improvement s until a ll of th e Public Improvem e nts are co mpl e ted by D eveloper and approved by
C ity. I ssuance b y C ity o f o ccupancy p e rmits for any b uildings o r structures located on the
Property sha ll not be cons trued 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.
otwithstanding the foregoing , C ity may not accept any Publi c Improvements unless and until
Developer provides one (1) set of "as-built" o r record drawings or plans to t he C ity E n gineer fo r
all s u ch Public Improvements. The drawings shall be certifi ed and s hall reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. D eveloper he re b y warrants and guarantee s
a ll Publi c Improvements agains t an y defective work o r la bor done, or d e fective m aterials
fur ni s h e d in the performance of this Agreement, incl ud in g the m ainte nance of a ll landscap in g
w ithin the Property in a vigorous and thriving condition r easonably acceptabl e to City, fo r a
period of one (1) year follo w ing co mpletio n of the wo rk and acceptance by City. During the
W ananty, D evelo per shall repair, repl ace, or reconstruct any d efe ctive or otherwise
unsati sfact o ry portion of the Publi c Improvements, in accordance with the curre nt o rd inan ces,
resolutio ns, regulations, codes, standards, or other re quire ments of C ity, and to the approval of
th e City En gineer. All repairs, replace ments, or reco nstruction during the Wananty sh a ll be at
the so le cost, expense, and li a bility of Developer and i ts s w-ety. A s to any Publi c Improvements
which h ave been repaire d , replaced, o r recons tructed during t he Wananty, D eveloper and its
s ur ety here by agree to extend the Warranty for an addition al o n e (1) year period fo ll owing C ity's
acceptance of the repaired, r eplaced , or reconstructed Public Improvements. o t.hin g herein
s hall relieve Developer from any other li ability it may have unde r federal, s tate, or local law to
re pair, replace, or r econstruct any Public Improvement foll owin g expiration of the Warranty or
a ny extensio n thereof. D eveloper's warranty obligation under thi s section s hall s urvive the
expira ti o n or termination of this Agreement.
12. SECURITY; SURETY BON DS. P r io r to C ity 's appro va l a nd execution of thi s
Agreement, D eveloper shall provide City with Sec mity in the amotmts and under the terms set
fo rth below. The amount of the Security shall be based on the C ity Engi nee r 's Es timate d Cost s.
I f City determ ines at any time prio r to Develo p er 's comple tion of the Public Im p rovements under
Section 4 [Construction Schedule], in its so le and abso lute di scretion, that the Estimated Costs
h ave c hanged, Developer sh all adjus t the Security in the amount requested by City. D eveloper's
compliance with thi s prov ision (Section 12.0 et seq.) shall in no way limit or modify D evel oper's
indemnifica ti o n obli gation provid e d in Section 16.0 of this A gr eement.
12 .1 Performance Bond/Depos it. To g uarant ee t he fa ithful performance of
the Public Improvements and a ll the provis ions of thi s Agreement, to protect C ity if Develope r is
in d efau lt as set fo rth in Section 18 .0 e t seq . of this Agreement, and to secure Developer 's o ne -
year guarantee and warranty of the Publi c Improvements, including the m a in tenance of a ll
la ndscaping in a vigorous and thrivi ng condition, Developer s hall provi de City a faithfu l
performance bond o r deposit in the an1ount of one hundred and one thousand. eight hundred
do l lars($ 101.800.00), which s um s hall be not less than one hundred percent (100%) of the
Estimated Costs.
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12 .2 Partial Release. The C ity Council m ay, in its sole and absolute discretion
and upon recommendation of the City Engineer, partially release a portion or portio n s of the
Secmity provided under thi s section as the Publi c Improvements ar e acc e pted by City, provided
that Deve loper i s not in d efault o n a n y provision of this Agreement o r condition of ap proval for
Tract Map No. 71832, and t he total re maining Security is not less tha n twenty-five percent (25%)
of the Estimated Costs . All Security provided under thi s section shall b e released at the end of
the W arranty p eri od, or any extens ion ther eo f as prov ided in Section 11.0 of thi s Agreement ,
provided that Developer is n ot in d e fault on any pro vi sion of thi s Agreement or co ndition of
approval for Tract Map No. 71832.
12.3 Labo r & Material Bond/Deposit. To secure paym ent to the contractors,
subcontractors, laborers , mate rial men, and ot her persons furni shing labor, m a terials, or
equipment for perfo rmance of the Publi c Im provements and thi s Agreement, D eveloper shall
provide C ity a labor and materials bond in the amount of one hundred and one thousand , eight
hundre d do ll ars ($101,800.00), which sum s hall not be less t han one hundred p ercent (100%) of
the Estimate d Costs . The Security provided under this section m ay be re leased b y written
authoriz a tion of the City E ng in eer a fter s ix (6) m onth s fro m the date City accepts th e final Public
Improvements. The amount of s uch Security sh all be r educed by th e total of all stop notice or
mechanic's lien claims of which C ity is aware, plus an amount equal to twenty percent (20%) of
s uch claims for r eimbursem e nt of City's anticipated admini strative and legal expenses arising out
of s u ch claims.
12 .4 Additional Requirements . The s urety for any surety bonds provid ed as
Secmity shall have a current A.M. Best's rating of no less th an A: VIII, be a bank or insurance
company licensed to transact surety bu siness in California, and shall be sati sfactory to C ity . As
part of the o bligation secured .by the Security and in addition to the fac e amount of the Security ,
the Develo p e r or its surety sha ll secure the ·costs and r easonabl e e xpenses and f ees , incl uding
reasona ble attorney's fees and costs, incurred by City in enforcing the obligations of this
Agree m ent. The Developer and its surety stipulate and agree that no change, extens ion of time,
alteration, or addition to the terms of this Agreeme nt, t he Public Improv ements, or the p lans and
specifications for the Public Improvements s ha ll in an y way affect its o bligation on the S ec urity .
12 .5 Form of Secut·ity. The evidence of th e Security s hall be provided on the
form s set forth in Attachment "C", unless other forms are d eem e d acceptable by the City
Engineer and the City Attorney, and when such forms are complet e d to the satisfaction of City,
the form s and evidence of the Security shall be attached hereto as Attachme nt "C" and
incorporated h er ein b y thi s reference.
12 .6 Developer 's Liability. While no action of Developer shall be required in
order for City to r eali ze on its secm ity under any Secmity ins trument, Developer agrees to
cooperate w ith City to facilitate C ity 's realization under any Secmity ins trument, and to take no
action to prevent Cit y from such r eali zation under an y S ecurity in strume nt. Notwithstanding the
giving of a ny Securit y ins trument o r the subsequent expiration of any Security ins trument o r any
failure b y any suret y or financial in s titution to perform it s obligations with re sp ect thereto ,
D eveloper sh a ll be personall y liabl e fo r performance under this Agre ement and f o r payment of
the cos t o f the labor and mate ri a ls for the impro vements required to be constructed or in stalled
here by a nd sha ll , wi thin te n ( 1 0) days a ft e r written de mand the ref o r, d e li ver to C ity s uch
s ubstitute S ecurity a s Ci ty s h all re quire s atisfying th e re qui reme nts in t hi s Sectio n 12 .
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13. MONUMENT SECURITY. Prior to C ity's execution of this Agreement, to
gu arantee payment to the engineer or surveyor for the setting of all s ubdivision boundaries, lot
co rners, and s treet centerline monuments f o r Tract Map No. l A in compliance with the
app l icable prov is io ns of C ity 's M uni c ipa l and/or D evelopment Code ("Subdivision
Monuments"), Developer shall depos it cash with C ity in the amount of ·-e3-Dollars
($ -t2"= ), whi ch s um s hall not be less th an one hundred percent ( l 00%) of the costs of
settin g the Subdivision Monuments as d etermined by the C ity Engineer. Said cash deposit may
be r e leased b y written aut horization of the C ity E ngineer after all requ ired Subd iv ision
Monume nts are accepted by the City E n gineer, C ity has r eceived written acknowledgm e nt of
payment in full from th e e n gineer o r s urveyo r w h o set t he Subdi vision Monuments, and provided
Deve loper is not in default of any provis io n of this Agreement or condition of approval fo r Tract
No. 7 1832 .
14. LIEN. To secure the tim e ly performance of D eveloper's ob li gations under this
Agreement, including th ose obligation s for which securi ty has been provided purs uant to
Sections 12.0 et seq . and 13.0 of this Agreement, Developer hereby creates in favor of City a lien
against all portions of th e Property not dedicated to City or some other governmental agency for
a pub li c p urpose. As to D eveloper's defau lt on those ob ligations for whi ch security has been
provided pursuant to Sections 12.0 e t ~-and 13.0 of th is Agreement, C ity shall first attempt to
coll ect against s uch security prior to exerc is in g its ri ghts as a contract lienholder under this
secti on .
15. SIGNS AND ADVERTISING. Developer unders tand s a nd agrees to City's
ord in ances, reg ul at ions, and requir ements govern ing sign s and adverti s ing structures . Developer
h e reby agrees w ith and consents to the summar y removal by City, w it hout notice to Developer,
of all si gns or o th er advertising s tru ctures ere cted , p laced , or situated in v iolation of a n y City
o rdinance, regulation, or o ther req uire me nt. Removal shall be at the expe nse of Deve loper and
its surety. Developer and its surety s ha ll indemnify and hold City free and harmless from any
claim or demand aris in g out of or incident to signs, advertis ing structures, o r their removal.
16. INDEMNIFICATION. D eve loper s hall defend , ind emnify, and hold harmless
C ity, its elected o ffi c ia ls , officers, emp loyees, and agents fr om any and a ll actu a l or alleged
cl a im s, demands, cau ses of acti on, li ab ility, loss, damage, or injury, to property o r persons,
including w r ongful death , w h eth er impo sed by a court o f law or by adm ini s tra tive action of any
fede ral, s tate, o r local governm en ta l bod y or agency, a ri s ing out of or incident to an y act s,
omissions, negligence, or w illfu l misco ndu ct of D eveloper , its pers onnel , employees, agents, o r
co ntractors in connection with or aris ing out of constructi on or maintenance of the Publi c
Improvements , or p e rformance of th is Agreement. T hi s indemnification i ncludes, witho ut
limitation, the payment of all penalties, fines, judgments, awards, decree s, attorneys' fees , and
re lated costs o r exp enses, a nd the reimbursement of City, its elected offic ia ls, officer s,
employees, and/or agents for all legal expenses and costs in curred by each of them. Th is
indemnificati on excl ude s only s uch portion of any claim, demand, caus e of ac ti on, liability, loss,
dan1a ge, penalty, fi n e, or injury, to property or perso n s, including wrong ful d e ath , whi ch is
caused s olel y and exc l us ive ly by the gross n eg ligence or willfu l mi s conduc t of City as
dete rmine d b y a co urt o r admini s tra tiv e bo d y o f co mpe tent jurisd ict io n. D e vel o pe r 's ob li gation
t o ind e mnify City s hall s urvi ve th e e xpirati o n or te rmination of th is Agreem ent , a nd sha ll not be
restri c t ed to in s ura nc e p roceeds, if an y, recei ve d by C it y, its e lected o fficials . o ffice r s,
e mpl oyees. o r agent s .
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17. INSURANCE.
17.1 Types; Amoun ts. D eveloper s ha ll procure and mai ntain, and shall require
its contractors to p rocure and ma intain, durin g construction of any Public Improvement pursuant
to thi s Agreement, insurance of the types and in the amounts described below. If any of the
Required Ins urance contains a general aggrega te limit, such in surance s h a ll apply separately to
this Agreement o r be no less th an two times the specified occurrence limit.
17.1.1 General Liability. Developer and its contractors s hall procure and
maintain occurrence version general liabi li ty in surance, or equivalent fo rm , with a combined
s in g le limit of not le ss than $3,000,000 per occurrence for bodily injmy, per son a l injury, and
property damage.
17.1.2 Bu s in ess Automobile Liability. D eveloper and its co ntractors
shall pro cure and maintain business automobile liability in s urance, o r e quival en t form, w ith a
co mbined sing le limit of not less than $1,000,000 per occurrence. Such in s urance shall include
coverage for the ownership, operation, ma intenance, use, loading, or unload in g of any vehicle
own ed, leased, hired, or b on owed b y the in s ured or for wh ich the in s ured i s responsible.
17.1.3 Workers' Compe nsa tion. Deve loper and its contractors s hall
procme and maintain workers' compensation ins urance with limits as requ ired by th e Labor
Code of th e State of California and emp loye rs' liabi li ty insurance with limits of n ot less than
$1,000,000 per occunence, a t all times du ri ng w hi c h in s ured retains e mpl oyees.
17.1.4 Professional Liability. For any consultant o r other professional
who w ill engi neer or des ig n the Publ ic I mprovement s, liab ility in s urance for enor s and
omissions w ith li mits not le ss than $1,000 ,000 per occurrence, shal l be procured and maintained
for a period of five (5) years fo ll owin g comple ti on of the Public Im p r ovements. Such insurance
shal l be endorsed to in clude contractual liabi li ty.
17.2 Deductibles. Any d e du c tibl es o r self-in s ured rete nti ons must be declared
to and approved by City. At th e o ption of City, e ither: (a) the in surer s hall redu ce or e liminate
s uc h deductibles or self -ins med retention s as respects City, it s elec ted officials, officers,
employees, a gents, and volunte er s; or (b) D evelop e r a nd its contractors s ha ll prov ide a fin ancial
gu a rantee satisfactory to City g uaranteei n g payme nt of lo sses and r e lated invest igati o n costs,
claim s, and administrati ve and defense ex pe nses .
17.3 Additional In s ured; Separation of Insureds . The R e qui red Insurance
sha ll na me C ity, its elected offici a ls, officers, e mployees, agents, and vo lunteers as add itional
in sureds w ith respect to work p e rfo rm ed b y or on behalf of Developer o r its contractor s,
including materials, parts, o r e quipment furni s h ed in connection th erewith. The R equired
In surance s ha ll conta in s tandard sepa ration of in s ure d provisions, and s h a ll contai n no special
limitation s o n the scope of its protection t o C ity , it s e l ecte d officials, officers, e mpl o ye es, age nts,
and vo lunteers.
17.4 P rim ary Insurance; Waiver of Subrogation. The R equire d In s ur a nce
sha ll be p ri mary w ith res pect to any in s ura nce o r s e lf-in surance progra m s cover ing Ci ty, i ts
e lected o fficials , officer s, e mpl oyees, age nts . a nd vo lunteers . A ll po li c ie s fo r th e R equire d
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Insurance shall provide t hat the insu rance company waives a ll right of recovery by way of
subrogation against City in connecti o n w ith a n y damage o r h arm covered by s uch pol icy.
17.5 Cer·ti fica t e ; Ve rific a ti on . Develop er and its co ntractors shall furn ish
Ci t y with original certificates of insurance a nd e nd o rsements effecting coverage for th e R equ ired
Ins ura nce. The certificates and e ndorse me nts fo r eac h in surance policy s ha ll be s igned by a
perso n auth o ri zed by that in s urer to bind coverage on its behal f. A ll certificates and
e ndorsem ents mus t be received and approved by City before work p ur s uant to this Agreement
can begin. C ity reserves the right to r equire comp lete, certifi ed cop ies of a ll require d insurance
po l ic ies, a t any time.
17.6 Term ; Can cell a tion No tic e . D evelo p e r and its contracto rs s hall mai ntain
the Required In s urance for th e term of thi s Agreeme nt and s hall r eplace a ny certifi cate, po li cy, or
e ndorseme nt which wi ll expi re pri or to that da te. A ll policies s ha ll b e endo rsed to prov ide that
the R equired In s urance s hall not be s uspend ed, vo id ed , red uced, can celed , o r a llowed to expire
exce pt on 30 days' prior written notice to Ci ty.
17.7 I n s u rer Rati ng . Unless ap proved in wntmg by C ity, a ll Required
Ins urance s hall p laced w ith insurers li censed to do business in the State of Cali fornia and w ith a
cu rrent A.M. B est rating o f a t least A:V fli .
18 . DEFAULT; NOTICE ; REMEDI ES.
18 .1 Noti ce. If D eveloper neglect s, r efuses, or fa ils to fu lfill or timely
comple t e an y o bli ga tion, term , or co nditi o n of thi s Agreeme nt , or if Ci ty determines there is a
v iolati on of an y federal , state, or loca l law, o rdin ance, regulation, cod e, standard, or other
requirement, C ity may at an y time thereafter declare Developer to be in default o r vio lation of
thi s Agreement and make written demand upon D evelope r or its su re ty, o r bo th , to immediately
remedy the default or v io lation. D eve loper s hall commence the work required to remedy the
de fault or vio la ti o n within ten ( l 0) days of th e writte n de m an d fro m the City. If the default o r
violation constitutes an imme di ate th rea t to the public h ea lth, safe ty, or welfar e, C ity may
prov ide the dem and ve rb a ll y, and Developer s ha ll co mme nce th e required work within twenty-
fo ur (24) hours thereof. Immed iatel y upon City 's issuan ce of the demand to remedy the default,
Developer and it s sure ty sh a ll be liable to C ity for a ll costs of cons truction and installation of the
Pub l ic Improvem e nts an d a ll o th er adm ini strati ve costs expenses as provi ded for in Section 9.0
of t hi s Agreem e nt.
18.2 Failu re t o Rem ed y ; C i ty Acti o n . If the work required to remedy the
noticed d efault or vio lati o n is not dili ge ntl y p rosecuted to a subs tanti a l com p le ti on acceptable to
C ity w ithin a reaso nabl e tim e design ated b y the C ity, C ity m ay compl ete a ll rema ining wo rk,
a rr a n ge for the completio n of a ll re ma inin g wo rk, and/o r conduct such remedia l ac ti vity as in its
so le and abso lute di s creti o n it believes is r eq uired to remedy the defau lt or v iolation. A ll s uch
wo rk or remedi a l acti vi t y s hall be a t th e so le and absolute cost, ex pen se, and li abi lity of
Developer and its sure ty, without th e necess it y of giv in g any further notice to Developer or
surety. City's r ight to take such actions s h a ll in no way be limited by the fac t that Developer or
it s surety may have constructed any, or none of the required or agreed upon Public
Improvements a t the time of City's demand for performance. ln the event City elects to
co mpl ete or arrange for completion o r the rema inin g work and improvemen ts . City may requi re
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all work by Developer or its s urety to cease in order to allow adequate coordination by City .
No twithstanding the fo r egoing, if cond iti ons precedent for reversion to acreage can be met and if
the interests of City wi ll no t be prejudiced th ereby, C ity may al so process a r eversion to acr eage
and th ereafter recove r from Deve loper or its suret y th e fu ll cost and ex p ense incurred .
18 .3 Other Remedies. No act ion by C ity pursu ant to Secti on 18.0 et seq. of
this Agreement sha ll prohibit City from exercising any other ri ght o r pursuing any other l egal or
equitable remedy availabl e under this Agreement or any federal, state, or l ocal law. City may
exerc ise it ri ghts and remed ies independentl y or cumulatively, and City may pursue incons istent
remedies. City may in stitute an action fo r damages, injunctive relief, or spec ific performance.
19. GENERAL PROVISIONS.
19.1 Authority to Enter Agreement. Each Party warrants that the indiv idu al s
wh o have s igned thi s Agreeme nt have the legal power, right, and au thority make thi s Agreem ent
and bind each re spective Party.
19.2 Coo p e ration; Further Acts. The Parties s hall fu ll y cooperate with one
another, and s ha ll take any additional acts or sign any addi tional documents as m ay be necessary,
approp riate, o r convenient to attain the purposes of thi s Ag reement.
19.3 Con stru ct ion; References; Ca ptions. It being agreed the Parties or thei r
agents h ave participated in the prepara tion of thi s Agreement, the language of this Agreement
shall be construed simply, accord ing to i.t s fair m eani n g, and not stri ctly for or against any Party.
Any term refere nc ing time, days, or p eri od for performance shall be .deemed calendar days and
not work days. All references to Developer include a ll personnel, employees, agents, and
subcontractors of Developer, except as oth erwise spec ified in thi s Agr eement. All references to
C ity include its e lected officials, office rs , employees, agents, and volunteers except as otherwise
specified in this Ag re em ent. T he ca ptions of the variou s articles an d paragraphs are fo r
convenience a nd ease of refe rence on ly, and d o no t define, limit, a ugment, or descr ibe the scope,
conte nt , or intent of thi s Agreement.
19 .4 Notices . All notices, demands, invoices, and written communication s
s hall be in writing and delivered to the fo ll owi ng addresses or such other ad dre sses as the P art ies
may de signate by written notice:
CITY:
C ity of Temple City
Attn: Bryan Cook, C ity Manager
97 01 Las Tunas Dri ve
Templ e Cit y, Cal iforn ia 9 1780
DEVELOPE R:
Olive Street Group LLC
265 W. aomi Ave
Arcadia, CA 91 007
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Depending upon the method of trans mitta l , notic e shall be d eemed received as follow s : b y
facs imile , as of the date a nd time s ent prov id ed the original is co ntemporaneously depos ited w ith
United States Pos ta l Serv ice and delivered b y regu la r m ai l; by m essen ge r, as of the date
de livered ; and by U.S. Mai l fi rst cl ass po s tage prepa id , as of 72 hours after d epo s it in th e U.S.
M a il.
19.5 Amendment; Mod ification . No supp lement, modification, o r
am e ndment of thi s Agreement shall be bi nding unl ess executed in w ri ti n g a nd s igned by both
P a rti es.
19 .6 Waiver. C ity 's fa il ure to in s is t upon s tr ic t compliance w ith any provisio n
of thi s Agreement or to exercise any r ight o r pri v ilege provided h er e in , or Ci ty's wa iver of any
breach of thi s Agreem e nt, s h a ll not re li ev e D evelop e r of any of its o bli gations under this
Agreement, w hether of the same or s imil a r type. The fo regoi ng s hall be true whether C ity's
action s are intentiona l or unin ten tiona l. D eveloper agrees to waive, as a defense, count ercl a im o r
se t off, any and a ll defects, irregu lariti es o r deficiencies in the authorizati o n , executi on or
p e rfo rm ance of th e Public Improve m ents or thi s Agreement, as we ll as the laws , rules ,
regulations, ordinances or re solutions of City with r egard s to the a uthori zation, executi on o r
performance of the Publi c Improvements or thi s Agreement.
19 .7 Assi2.nment or Transfer of A2.reement. D evelop er s hall no t assign,
hypothecate, o r tran sfer, either direct ly or by operation of law, this Agr eem e nt o r any i nte re s t
he re in w ith out prio r writte n consent of C it y. An y a ttempt to do s o sh a ll be null an d void , and
any assignee, h ypothecatee, or transfe ree sha ll acquire no ri ght or interest b y rea s o n of s uch
a ttempted assignment , hypo th e ca tion, or trans fer. U nl ess specifi ca ll y stated t o th e contrar y in
C ity's written con sent, any as s ignment, hypothecation , o r transfer s ha ll not re lease or discharge
Developer from any duty or r espons ib ility und er thi s Agr eem ent.
19 .8 Binding Effect. Each a nd a ll of the covenants and condition s shall be
binding on and s ha ll in ure t o the benefit of th e Pa rti es , and thei r s uccesso rs , he irs, perso n a l
re presentati ves , or ass i gns. This section s ha ll not be construed as a n autho ri zation fo r any Party
to assign any ri ght or ob li gati on .
19.9 No T hi rd Party Ben eficiaries. There are no intended third party
benefi c iari es of any right o r obligatio n assum ed by the Parties.
19 .10 Invalidity; Severability. If any p01iion of thi s Agreement is declared
inv a lid , illegal, or otherwise une nforceab le by a court of comp etent jurisdic ti on , the rem a ining
provis io ns shall continue in full fo rce a nd effect.
19.11 C on sent to Jurisdiction and Venue . Thi s Agr eement shall be constr ue d
in acc o rd ance w ith a nd governed b y the laws of th e State of Ca lifornia . Any le ga l action or
p roceeding brou ght to interpret or e nfo rce thi s Agreement, or w hi c h in any way ari ses ou t of the
Part ie s ' activities undertake n purs uan t to thi s Agreement , sh a ll be filed and prosecuted in the
appro pri ate Califo rni a State Court in the County of Lo s Angeles, Ca liforn ia. Each Party wa ives
the benefit of an y provi s io n of s ta te o r federal l aw provid in g for a change of venue to an y other
co urt or juri sd iction in cluding, w ith o ut limitation. a c hange of venue based on t he fact th a t a
governm e nt a l e ntity is a party to th e acti on or p roceed in g, or th a t a federal ri ght or ques ti o n is
-13 -
"
i n v o l v e d o r a l l e g e d t o b e i n v o l v e d i n t h e a c t i o n o r p r o c e e d i n g . W i t h o u t l i m i t i n g t h e g e n e r a l i t y o f
t h e f o r e g o i n g w a i v e r , D e v e l o p e r e x p r e s s l y w a i v e s a n y r i g h t t o h a v e v e n u e t r a n s f e r r e d p u r s u a n t t o
C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e S e c t i o n 3 9 4 .
1 9 . 1 2 A t t o r n e y s '