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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. -1 - "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: -") - 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. .... -.) - 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 -.f - 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. -5 - 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. -6 - 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. -7 - 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 . -8 - 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 . -9 - 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 -10 - 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 -11 - 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 - 12- 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 - " invol ved or alleged to be in vo lved in th e acti on o r proceeding. Witho ut limitin g the generalit y of th e foregoing wa iver, Developer expressly waives any r ight t o h ave venue tr ansferred pursuant to Ca lifornia Code of C iv il P rocedur e Section 394. 19.12 Atto rn eys' Fees a nd Costs . If any a rbitra tion , lawsuit, o r o th e r lega l ac tion or proceed in g is brou ght by one Party aga in st the o the r P a rt y in connectio n wit h this Agreement o r the Property, the pr evai li n g party, whether by fin a l judgment or arbitration award , shall be entitl ed to and recover from the o ther party a ll Litigation Expen ses . Any judgment, o rd e r, or award ente red in s uch legal action or proceeding shall contain a s pecific prov i s ion providing fo r the recovery of Litigation Ex p enses . 19 .13 R ela tions hip Betw ee n T h e Par ties. The Parties here by m utu ally agree t ha t neithe r th is Agreement, any map rel ated to Tract Map No. 71832, nor any o ther re lated e ntit lement, p e rmit, or approval i ss ued b y City for the Property s hall operate to cr eate the r e la tionship of partnership, joint venture, or agency between C ity and Deve loper. D eveloper's contractors and s ubcontractors ar e exc lu s ively a nd so lely und er th e contro l and dominion of D eveloper. oth in g he r e in s hall be d eemed to make Developer o r its contractors an agent or co ntractor of C ity. 19.1 4 Co un terpa r�ts . T h is Agreement may be executed in counterpart ori ginals, which taken together, shall constitute one and the same in s trume nt. 19.15 E ffective D ate of A greement. This Agreement s ha ll n ot become effective un til the date it has been forma ll y appro ved by the City and executed by th e appro pria te auth o riti es of C ity a nd D eve lo per. IN WITNESS WHEREOF, the p arti es he reto have executed thi s Agr eement o n the date and year fir st-a bove w ritten. ATTEST: Peggy Kuo C ity C lerk -14 - CITY OF TEMPLE CITY B y : ----~------------------Bryan Cook, City Manager APPROVED AS TO FORM By: ___________ _ Eric S. Vail City Attorney Olive Street Group LLC By: __ 1-----"~L-...:..·--------Lynne Tran Its: Manager By: _____ ~-------------h/e..ll ,., .'0 72Ji NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -15- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT lttsaaasaaasaaasaaasaaasaaaasaaasaaa saaa :aaa:aaa:aaaasaaasaaasaaasaaasaaasaaaasaaasaaasaaasaaa A notary p u bl ic or ottl er officer compl eting ttl is certificate ve r ifre.s onl y t he ident ity of t he individua l who si gned the document, t o wh idl ttl is ce rtificate i s attached, and not the truthful nessr accuracy, or va l tdity of th at document. State of Ca I if om ia -_lJ County of l os A n geles On 08-03-2015 before me, ___ K_E_J_I_A_W_AN_,;_, _N_o_t_a_r..:.y_P_ub_l_1_· c ________ _ (fn.sQIT Name~ of Notary Public arrd Trtltl} pe rsonallv appeared __ L_y_n_n_e _T_r_a_n_a_n_d_w_e_n_j _in_g_D_a_i _________________ _ c c c 0 c <>-f r."' ,.. o a o eKE JIA WAN ~ ..-• · coMM # 1950331 (;) 0 • NOTA RY PUB LI C -CALIFORNIA 0 eJ •• • LOS AN GELES COUNTY ~ ~ ,. , CO!!t.l . EXPIRE S SEPT ·l,S·t01t~ J..-v :;;o vvvvcrvv who p roved to me on t he ba si s of satisfaaory eviden ce to be the person (s) w h ose na me(s ) is/are subscri bed t o tile within i nstrument an d ad<nowledge-d to m e that h e/she/they executed the same i n his/her/their authorized capacity{ie.s}, and that by his/her/their signaturels) on tile instrument tile person{s), or t h e entity upon behal f of whim the person(s)~d , executed the i nstrum ent_ I certif\' unde r PENAlTY OF PERJURY under t he laws of the State of California that t he foregoing paragraph is true and correct. WllNESS m y hand and official sea l. Signature 1 .. \ J [Si9JMtlnv: d{fro~· Ptl~ic) --------------OPTfONAL --------...-.---- Though the information is not requ ired by Ia ~v, it m a y prove valuable to persons rel}'lng o.n the document and cou ld prevent fravrfufent removal and reattachment of this form to another documen.r:. Descri ption of Attache-d D~ument Title of Type of Document~ Subdivision Improvement Ag reement Final Tract Map 71832 Document Date : Nu mber of Pages: ____ 1_5 ___ _ S~n ~s)~h er~an N am~A b ~e =~--------------------------- Ca p acity(ies) <:l a i1ned by Signer\s) Signer's. Name:------------- 0 In d iv idual 0 Corporat e Office.--Trtle(s): ______ _ 0 Partne r 0 limited 0 Ge n eral :I ~1 -.. 0 Attorney in Fact 0 T r ustee 0 Gu a r-dia n o r Co nsen t3 t o r 0 O:h.:r: s : g n.:r is Re prese "'t i -.g : S ig ner's Name : _____________ _ D lnd ivi du a I 0 Corporate Offic e.--Title(s }: -------- 0 Pa rtne r 0 Umited D General 0 Attorne y in Fa ct 0 Tru stee 0 Gu a rdi ::m o r C.on;EIVa'.:o r- 0 Otr.e r : ---------- S ig ner is Rep :-e;o:n':i -g : ____ _ CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT ~''*'''*'''*'''*'''*'''*''''*'''*'''*'''*'''*'''*''''*'''*'''*'''*'''*'''*''''*'''*'''*'''*''' A notary publ ic or otller ofncer completing t il is certificate verifies onl y t he identrtv• of t he i ndividual who signed t he document,. to wh idl tllis certificate is attached, a n d not the truthful ness, accu ra cy, or va l ~drty of that document. State of Ca lit om ia 1 County of los Ange les . On ________________________ beforeme, __________________________________________ __ (rns~rt fllomg of Narory P\Jblic ar.d Titl,Q) person ally appeared ------------------------------------------ who proved to me on the basis of satisfactory evidence to be the person(s] whose name(s] is/are subscribed to ttl e within instrument and admowl edge<l to me that he/she/they executed the same in his/her/their autllorized capadty{fe.s), and that by his/her/their signature(s) on tfle instrument the personl.s), or the entity upon behalf of whidl the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tile State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --------------------------------- {Sigrrotv~ r~f Notary Puf:NH:) --------------OP TI ONA L------------- Though tlte infom1ation is n ot required by Ia ~vr it may prove valuable to pe~ns relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D ocument T~l eof~peofD~~nt: ____________________________________________________________ ~ Docume ntDate: ____________________________________ _ Nu mber of Pages: --------- S~ne~s)Other~anNam~A b ~e : ______________________________________________________ ~ Ca p acity(ies} Claimed b y Sign-er( s) Si g ne r1 s Name: -------------------------- 0 I ndividu.a l 0 Corpor:ate Officer -Title(s): ______ _ 0 Pa rt:rru~r 0 limi t ed 0 Genera l • .. -.... 0 Attorney i n Fact 0 Truste e D Gu a r d ia n or C~nse r-v3 t o r 0 Othe r: ------------------- s :g ner is Re pres e ~ t i~ g: --------- Signer's Name:-------------------------- 0 Indi vi dual 0 Corporat e Officer -Tit le(s}: ------------ 0 Partner 0 Limited 0 Genera I 0 Attorne y in Fact 0 Tr u 5te e 0 Gu a rdi 3n o ..-Cr.m:;.:rvator 0 Oth e r : ------------ Signer is Rep--e5en:i.:.g : ______ _ • EXHIBIT "A" LEGAL DE SCRIPTION O F PROPE RTY TRACT MAP NO . 71832 Lots 1 through 7 of Tract 71832, as per map recorded in Book ..... Pages ..... of Maps, of Recorder Office of Los Angeles County , State of California . SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B " LIST OF PUBLIC IMPROVEMENTS TRACT MAP NO. 71832 [Attached ] SUBDI VISION 11\I PROVE:VIENT AGREEMENT -·" CITY OF TEMPLE CITY DEPARTMENT OF PUBLIC WORKS COMMUNITY DEVELOPMENT DIVISION SEWER SYSTEMS COST ESTIMATE FOR BOND PURPOSES · SEWER IMPROVEMENTS FOR PARCEL MAP/TRACT NO. 71832 LOCATION 9532 & 9542 OLIV E STREET TEMPLE CITY CA 91780 Item Quantity Sewer Pipe 4 " V.C .P. House Lateral Sewer 600 6" V.C .P. House Lateral Sewer 8" V.C.P. Main line Sewer 245 1 0" V.C.P. Main li ne Sewer 12" V.C.P. Main line Sewer 15" V.C.P. Main line Sewer 18" V.C.P. Main line Sewer Manhole Manhole 2 Break into Existing Manhole Extra Depth Construction Extra Depth Construction (1 0'-12') 30 Extra Depth Construction(12' -14') Extra Depth Construction (14' -16') Extra Depth Construction (16' -18') Extra Depth Construction (18' -20') Miscellaneous Items Ductile Iron Pipe (Price per linear foot): (4": $43, 6": $53, 8": $70, 10": $74, 12": $ 85) (14": $91, 16": $96, 18" & Above: $1 07) Concrete Encasement or Cradle · · 0 Special Encasement or Cradle Excavation in Rock ,A.reas Unstable Bedding Jacking Steel Casing Breaking Pavement & Resurfacing -A. C. 0 Breaking Paveme nt & Resurfacing -Concrete Backflow Preventer Valve Cleanout (6") Traffic Control Plan? (Yes or Noll Yes $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Unit Cost . . . . .. 50.00 /L.F. .. 55 .00 /L.F : "" 60 .00 · /L.F. 70 .00 /L.F. 80.00 /L.F. · 90 .00 /L.F: 100:00 /L.F. .. 3,500 .00 Each .. 2,086.88 Each 10.95 /L.F . 16.17 /L.F. 27.13 /L.F. 32.35 /L.F. 3&.09 /L.F. /l.F. /L.F . 27.13 ./L.F. 53 .74 /l.F.. 27.13 /L .F . 21 .92 ./L.F . 590.59 /L.F. 6.78 /L.F. 12.00 /L.F . 380.86 Each 762.75 Each Subtotal (A) Traffic Control Plan (5 % x A = B) Conting ency (15% x (A+B) = C) Inflation (12% x (A+B+C) = D) Improve ment Total (A+B+C+D =E) Inspection (Use Table 1) (F) Sewer Bond Amount (E+F = G) Total Cost $ 30,000.00 $ - $ 14,700.00 $ - $ - $ - $ - $ 7,000.00 $ - $ 328.59 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 52,028 .59 $ 2,601 .43 $ 8,194.50 $ 7,538 .94 $ 70,363.47 $ 6,003.63 $ 76,400 .00 Ayla Jefferson· Digit ally sign ed by Ayla Je f ferson ON: c n=Ayla Jefferson, o=Transtech, o u, em ai l=ayla.jeffer son@ transtec h.o r g, c=US Rou ndup to nearest hundred D ate: 2015.03 .25 17:1 7:49 -07'00' Fees Effective 07/01/2010 Page 1 of 1 Item Quantity Unit Cost Total Cost >$50k Unit Price <$50k Unit Price Pavement Asphalt A .C. (2") -Performance Grade $ 0 .70 /S .F. $ 1.03 $ A.C. (3") -Performance Grade $ 1.05 /S .F. $ 1.31 $ A.C . (4") -Performance Grade 110 $ 1.34 /S.F. $ 1.62 $ 177.87 A. C. (6") -Performance Grade $ 1.80 /S .F. $ 2.20 $ RBAC-Rubberized Asphalt Concrete $ 2.70 /S.F. $ 3.50 $ A.C. (removal) . $ 2.15 /S .F. $ 3.00 $ A. C .. (coldmill) $ 0.75 /S.F . $ 1.29 $ P.C . Concrete Sidewalk (4" Thick) 210 $ 3.75 /S.F. $ 4.23 $ 888.45 Alley Intersectio n (6") $ 3.97 /S .F. $ 4.54 $ Cross-Gutter (8") $ 5.06 /S .F. $ 5 .74 $ Local Depression (3 ") $ 3.92 /S.F. $ 4 .54 $ Driveway (4 ") 420 $ 3.23 /S.F. $ 4 .12 $ 1,729.92 Driveway (6" -commercial) 350 $ 3.97 /S.F . $ 4 .54 $ 1,587.54 Curb Ramp (with detectable warning surface) $ 1,612.12 Each $ 2,039.93 $ Pavement (9") $ 5.48 /S.F. $ 6 .15 $ Grouted Rip Rap (6"-12") $ 8.60 /S .F. $ 14.50 $ Grouted Rip Rap (12"-19") $ 9.70 /S.F. $ 16.64 $ Gunite (3'') $ 3.75 /S .F. $ 4.33 $ Reinforced Concrete $ 644.85 /C.Y. $ 7 30.41 $ Curb and Gutter P.C.C. Inverted Should e r (7-1/2" CF) $ 15.13 /L.F. $ 18.78 $ P.C .C. Curb and 2' Gutter :Type A2-6) $ 14.09 /L.F. $ 17 .74 $ P.C .C. Curb and 2' Gutter :Type A2-8) 10 $ 15.13 /L.F. $ 18.78 $ 187.84 P.C.C. Curb and 2' Gutter (Type 81-6) $ 13.05 /L.F . $ 16.17 $ P.C.C. Curb and 2' Gutter (Tyj)_e 82,(3)-6) $ 14.09 /L.F. $ 17.74 $ P.C.C. Curb Type C $ 13.05 /L.F. $ 16.17 $ A .C. Curb Type D $ 13.05 /L.F. $ 16.1 7 $ P.C.C . Alley Gutter $ 13.05 /L.F. $ 16.17 $ Miscellaneous Items Street Name Signs $ 537 .37 Each $ 537.37 $ Unclassified Excava tion $ 80 .87 /C.Y. $ 80 .87 $ Clearing & Grubbing $ 80 .87 /C .Y. $ 80.87 $ Sawcut 110 $ 2.1 9 ILF. $ 2 .72 $ 298.69 Concrete Removal Non Reinforced 0 $ 322.42 /C .Y. $ 322.42 $ Concrete Removal Re inforced 3 $ 537 .37 /C.Y. $ 537.37 $ 1,612.12 C rushed Agg. Base (under AC & PCC pavement) 3 $ 53 .74 /C.Y. $ 64 .69 $ 194.07 Crushed Agg. Base (under sidewalk , c&g, driveway) 18 $ 53.74 IC.Y. $ 64 .69 $ 1,164.44 Crushed Agg. Base _{removal) $ 45 .39 /C.Y. $ 54 .26 $ 6 Mil Polyethylene Film Membrane (30" de ep) 0 $ 10 .95 /L.F. $ 13.0 5 $ Trench Backfill Slurry (27 0-E-500) 4 $ 161 .73 /C.Y. $ 219.12 $ 876.49 Fees Effective 07 /0 1/2010 Pa ge 1 of 2 ROA D IMPROVEMENTS FOR PARCEL MAP/TRACT N0. __ 7~1:.:::8:!:-'32=-------- Geotextile fabric $ Street Lights 1 $ Guard Rail $ Guide Mark er s $ Chain Link Fence (5') $ Chain Link Fence (6') $ Tree Removal (Ave. 12" D) $ A djust manhole $ Tree Well and Covers $ Remove Temporary Turnaround $ Construct Temporary Turnaround $ Underground Utilities $ Dra inage Faci lities Curb Drain Curb Drain, 1 Pi pe $ Curb Drain , 2 Pi pes $ Curb Drain, 3 Pipes $ Parkway Drain No . 1 1 $ Catch Basins Catch Basin No. 300, W-3 .5' $ Catch Basin No. 300, W=7'-10' $ Catch Basin No. 30 0, W:::14' $ Catch Basin No. 300, W=17', 21' $ Catch Basin No. 300, W:::28' $ Catch Basin No. 301, W =7' W/1 Grate $ Catch Basin No . 301, W=10' W/1 Grate $ Catch Basin No. 301, W::::14' W/1 Grate $ Catch Basin No. 301, W=14' W/2 Grate $ Catch Basin No. 301, W=21' W/2 Grate $ Catch Basin No. 301, W-28' W/2 Grate $ Catch Basin No. 30 1, W=21' W/3 Grates $ Catch Basin No. 30 1, W-28' W/ 3 Grates $ Is Estimated Cost< $50,000 (Yes or No)§§es Signing & Striping Plan? (Yes or No) · No Tra ffic Control Plan? (Yes or No) Yes Fees Effecti ve 07101 12010 3.23 /S .F. $ 4.38 8,000.00 Each $ 8,000.00 45.39 /L.F. $ 48.52 13.05 Each $ 16.17 16.17 /L.F. $ 21 .50 20.95 /L.F . $ 29.22 462 .25 Each $ 559.29 419.46 Each $ 494.59 97 .04 Each $ 107.48 805.54 Each $ 805 .54 1,503.60 Each $ 1,503.60 214.95 /L.F. $ 214.95 1,074.75 Each $ 1,074.75 1,396.13 Each $ 1,396.13 1,716.55 Each $ 1,718.55 2 ,000.00 Each $ 2,000 .00 4,298.98 Each $ 4,298 .98 4,836.35 Each $ 4 ,836 .35 5,911.10 Each $ 5,911 .10 7,523.22 Each $ 7,523 .22 8,597.96 Each $ 8,597 .96 5,373.73 Each $ 5,373 .73 6,448.47 Each $ 6,448.47 6,985.84 Each $ 6,985 .84 8,060.59 Each $ 8,060.59 9,672.70 Each $ 9,672.70 11,822.20 Each $ 11,822.20 11 ,822.20 Each $ 11,822 .20 12,896.94 Each $ 12,896 .94 Subtotal (A) Signing & Striping Plan (7% x A= B) Traffic Control Plan (5% x A= C) Contingency (15% x (A+B+C) = D) Inflation (1 2% x (A+B+C+D) =E) Improvement Total (A+B+C+D+E =F) Street Bond Amount $ - $ 8,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 18,717.44 $ - $ 935.87 $ 2,948.00 $ 2,7 12 .16 $ 25,313.46 $ 25,400 :00 Roundup to n ea rest hundred Page 2 of2 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT MAP NO. 71832 As evid ence of understanding the provisions contained in this Agreement, a nd of th e Developer's intent to co mp.l y with sam e , the Developer has submitted the below d esc ribed security in the amounts require d by this Agreement, and has affixe d the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT: $ 101 ,800 --~---------------Payment: Check Number: 837010339 Date Depos it: 6/2/2015 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 101 ,800 ------"---------- Payment: Cashier's Check N umber: 837010339 Date Deposit: 6/2/2015 CASH MONUMENT SECURITY: Amount deposited per Cash Receipt No. N /A -----------Date: N/A -------- SUBDIVISIO IMP ROVLML NT AGREEMENT EXHIBIT "D" LIST OF TRACT MAP CONDITIONS OF APPROVAL [Attached] SUBD IVISION IMPROVE!\IENT AG REEMENT I 0 RESOLUTION NO. 14-2397 PC A RESOLUTIO N OF THE PLANN IN G COMM ISSION OF TH E CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT MAP NO. 71832 TO ALLOW THE SUBDIVIS ION FOR .SIX SINGLE-FAMILY RES ID ENTIAL LOTS AT 9532 AND 9542 OLIVE STREET. SECTION 1. The Plann i ng Commission has considered .all of the evide nc e submitted into the administrative record wh ich includes but is not limited to: 1. Reports and pres entations of project rel ated data and analysis prepared by the Community Devel opmen t Department; and 2. The T emple City Municipal Code , General Plan, Subdivision Map Act and all ot her app li cab l e regulations and codes; and 3. Pub l ic comments, both written and ora l, receive d or submitted prior to the pub lic hear ing, supporting or oppos ing the appl icant's request; and 4. Testimony and comments s ubmi tte d by t he app licant and representatives in both written and oral form at or prior to the public hearing; and 5. All othe r relate d documents received or submitted prior to the publ ic hearing . SECTION 2. This resolution is made with refe re nce to the following prefacing facts as more fully set fo rth in the administrative reco rd: 1 . On June 3, 2013, th e app l icant submitted the application. 2. On February 25, 2014, the appl ication was deemed complete. 3. Notice of the March 25, 2 01 4 Planning Commission publ ic hearing was posted at the Council Chambe rs . 4 . Notice of th e Plann i ng Commission pub lic hearing was put in th e newspaper l east ten (1 0) days prior to the hea ring. 5. Notice of the March 25, 2014 Planning Commission was mailed to property owners within 300 feet of the property at least ten (1 0) days p rior to the hearing . 6. Notice of the public hearing satisfied the noticing requi rements set forth in Government Code Sections 65090 and 65091. 7. The project s ite is zoned R-1 , Sing le Fam i ly Residen t ial. 8. Th e proje ct s ite is desi gnated Low De nsity Res identi al by t he Ge neral P la n. 9. T he app l ic a nt is proposing to subd ivide the si t e to c reate seve n lo t s, in cl udi ng six Resolution No. 14-2397 PC CUP 13-1833 TIM 71832 9532 & 9542 Ol iv e Street single family lot s and one for a private street. Page2 10 . The project site consists of two parcels currently improved with (3) sing le-family dwellings wit h a combined living area of approximately 5,456 square feet which is · proposed to be demolished. SECTION 3. Base d up on info rma tion f or th e above Cond.i t io na l Use Permit, t he Plan nin g Commissio n finds: 1. That the site for t h e pro pos ed use is ad equate in s ize, shape, t opography and c ircumstances to s usta in the propose d use ; The subject lo t contains a land area of approximately 57,000 squa re feet, which . is large eno ugh fo r the proposed six single fam ily lots. Each lot meets· t he 7,200 square feet min imum land area as well as the minimum lot wi dth and other development standards require d by code. Therefore, the project meets this requirement. 2. That t he s ite does hav e s ufficient acces s to s t~eets . an d highways , adequate in width and pavement type to carry th e quantity and quality of traffic g ene r ated by t he proposed u se; The site ca n be accessed d ir ec tl y through Oli ve Street, a collector street im proved w ith a right-of-way of 6 0 feet and roa dway of 40 feet. Also, the p roposed sub di vision wi ll res ult in a new private street to serve the subdiv ision. The private st reet is designed wi th a roadway of 34 feet, complying with the m i nimu m dime nsion for ~ res ide nt ia l street. Therefore, the project meets this requirement. 3 . That t he propose d use w ill not have a n a dve rse effect upon t he u se , e njoyment or val u at i o n of adj ac ent prope rty o r upon t h e pub lic we lfa r e. The subject site is in the R-1 zo ne and is sur ro unded by properties zoned fo r single-family residences. The s ubd ivision will not change the land use for the site and the proposed six single family lots are consistent with the land use designation an d zoning standa rds. T herefore, the project meets this requi rement. SECTION 4. T he Plan ning Commissio n must deny the project if it can make any of the following findings of Section 66474 of the Subdivision Map Act: 1. T hat t h e proposed map is not co n s i stent w i th app licab le ge n era l and specific pla ns; Resolution No. 14-2397 PC CU P 13-18 33 TIM 71832 9532 & 9542 Olive Street Page 3 Th e propose d m ap wi ll res ult in s ix single fa mily lo ts which w ill be consistent w it h the zo n in g and Genera l Pl ~n desi gnat io n fo r the site. Th e refo re such a find i ng cann ot be ma de for t he p ro ject. 2. That the d.esign or improv em ent of t h e pro p osed s ubdiv i s i on is not consistent with applic abl e g enera l and ~peei fi c plans; and T he size , di mensions,. and the private dri veway p ro pose d for th e subd ivis ion meet al l ap plicab le re gulations and st anda rds . Future struct ura l improvemen ts will be re qui re d to fully comp ly w ith all app l icab le .develo pm ent stand ards of t he C ity at t he ti me. Therefore , s uch a fi ndin g canno t be mad e fo r t he proj ect. 3 . ·T hat th e site is n ot ph ys i cally s uitab le for t he type o f d ev elo pm ent; and The si te is determ ine d to be suitable f or the prop osed deve lop ment. The si te is relative ly fl at wi th a lan d area la rge enoug h to create si xi ng residential lots. T herefore , s uch a finding can no t be made for the pro j ect. 4. That th e s ite i s not p hysica lly suitabl e f o r the p r oposed de ~s i ty of deve lopment; and The propose den si ty is 5.4 lots pe r ac re, fully comp lying wit h t he maximum density of six lots per ac re allowe d by the Gene r al Pl an . Therefo re, such a f indin g ca nnot be made fo r the project. 5. That the design of th e s ubdivis ion or t he pro p osed improve me nts are li ke l y to cause substantial environme n ta l da m ag e or s u bsta nt ially a nd avo idab ly injure fis h or wildlife o r t heir habitat; a nd Base d o n the i niti al st ud y , thi s proj ect is exe mpt from Cal ifo rnia Envi ronmenta l Qua li ty Act (CEQA ) p urs uant to Sectio n 15303 for new con struction or con ve rs i on of small · stru ctures and Sect ion 15332 for In-fi ll develo pm en t Projects as provid ed by th e CEQA Gu idelin es. V e hi c ul ar acc ess ca n be made th ro ugh the adj a c ent pu blic street as we ll as the private stre et pro p os ed fo r the subdivis ion : Th e propose d p riv ate st re et has t he requi red dime nsio n and wil l be i mprove d to th e requ i red sta ndards t o facil itate th e traffic of the subdivision . In additio n , the proj ect site is fou nd to have no val ue conce rn ing th e wi ld life and th eir hab itats . Th e refo re, s uch a fin ding cann ot be made fo r t he proj e ct. 6. That th e d esign of th e s ubdivis ion o r ty p e of imp r oveme nts is li ke l y t o cause se ri o us publi c h ea lt h proble ms ; a nd The d e sign of the subdi vi s ion is not l ike ly to ca us e serious public health problems bec aus e it does not expose pers ons to health hazardous cau se s . The refore, s uch a f i nding canno t be ma de for. the project. Resolu tion No. 14-2397 PC CUP 13-1833 TIM 7 1832 9532 & 9542 O live Street Page4 7. That the design of the subd ivis ion o r the type of imp rovem e nts w ill co nf li ct with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In t his connectio n, t h e gov:erni ng body m ay approve a map if it finds that alternate eas em ents, for access or for us e, will be provided, and that these wi ll be s ubs tan t ially equivalent to ones previously acquired by the public. This s ubsection s hall app ly only to easements of record or to eas em ents establis h ed by Judgment o f a court of competent jurisdiction and no a uthority is h ereby granted to a l egislative body to determine that the publi c at l ar ge h as ac quired easements for access through or use of prop erty wit hin t h e proposed s ubdivis ion. The desig n of t he Te ntative T ract Map is requi red to comply w ith all th e conditions developed by the City's Engin ee r to address the use of exist ing publi c easements and future easeme nts ded icat ion . The fin a l map revi ew and approval is cont ingent on the complia nce with such conditions . T he refore, su ch a f ind in g ca nnot be m ade f or the project. SECTION 5. Thi s proj ect is fo und to hav e no sign ifica nt effects upo n th e e nvironm ent , a nd is Categoric ally Exe mpt from e nviron me nta l revie w pe r CEQA Gu idelines , §15332 (I n-fi ll Development Projects) and §15303 (N ew Cons tru ct ion and Conversion of Sma ll St ructu re s). SECTION 6. Acco rd in gly, Conditiona l. Use Perm it No. 13-183 3 and Tentat ive Tract Map No . 7 183 2 a re approved, subject to t he fo ll owing condi t ions : P LANN ING 1. The d evelopme nt sh all be in sub stan tial compliance w ith the submitted Ten tative Map approve d August 12 , 2013, except as modified he rein afte r. 2. A deta i led lan dscape and irr igatio n plan shall be sub mitted and app rove d by the City prior to the issuance of build ing perm its. At least tw o t rees s hall be provi ded fo r each dwe l li ng un it or lot; sa id t rees shall be no less than twenty-four inch (2 4") box-size spe cim en tree s. 3 . Fut ure si ngl e f amily dev elop ments shall comply with all app l icab le developm ent standards of the City , includi ng the requi re ment s con tai ned in the Low Impact De velopm ent stand ard s. 4. Any landsca ped areas along the p rivate street sha ll be planted and maintained until t he dwellings are individually so ld and continuous ly maintained thereafter. Reso lu tion No. 14-2397 PC CUP 13-1833 TIM 71832 9532 & 9542 O live Street Page 5 5. A cha in link security fenc ing · six (6) feet in height shal l be installed aro un d t he site prior to the demo litio n ?f existing structures. Any unoccupied stru cture s hal l be boarded and. fenced so as to prevent vandal is m. 6. A scre e ning wall shall be constructed around the perimeter of the site prov ided that said wal l does not interfere with th e natu ral f low of drainage; said wall shall consist of soli d decorative b lock fencing whic h does not disrupt or alter th e drainage pattern. Any new block wa fl shall be slump sto ne, split face or stucco-over CMU block . Chain link or wood fencing shall not be allowed. The. max imum fence or wall he ig ht shall be six (6) fe et along the side or rear property lines. 7. A, building permit shall be obtained for the construction of any new wall or fence. Any existing wa ll or f ence may be m ainta in ed, if deemed acceptab le by the City 's Building In specto r. Prior to the in stall ation of any new wall or fence, a grad ing and drainage pla n s hall be submitted and approved by the Los Ang eles County Dep artme nt of Public Works. No new wall or fence sha ll block contributo ry drainage from adjacent properties or-i nterfere with the natural drainage pattern. 8. Any proposed perimete r fence for the front yard area of each ind iv idua l lot shall com ply w it h the corresponding regula t ion of the Zon ing Code. 9 . The ap plicant/property ow ner sha ll maintain the subj ect property afte r th is date and un ti l start of construction and unti l the proj ect is completed to be free of weeds, debris, tra s h or any oth er offens ive, unhealthful and dangerous material. If afte r five days notice by c ertified ma il , th e developer does not comply wi t h the before-· . mentioned criterion, th e City 9ouncil may void the Cond itiona l Use Pe rmit, T entat ive Map, Bui lding Perm its, etc. and/or e nter the subject property wi th City forces and remove all suqject vio l ation s, bill the app li cant and/o r put a lien on the subject property. 10. Nois e s hall not exceed the limits of th e City's noise ord inance. Dur ing any demolition and/or construction, nois e w ill be contro ll ed by ' lim itin g work on the s ite to 7:00 am through 6:00 pm , Mo nday through Saturday and by requiring all trucks and moto rized equipm ent to have properly operating mufflers . No cons tructio n work shall occur on Sunday. · 11. Th e Park Developm ent fee of $500 per dwelling in th e tota l amount of $3,0 00 an d the Sewer Reconstructio n fee of $25,000 shall be paid to the City of Tem ple City prior to the issuance of bui ldi ng pe rm its for any new construction. 1 2. Based upon an assumed t raffic generatio n factor of 10 trips pe r day pe r dyvel ling unit, t he proposed development will require 6.8 credits pe r addit ion al dwell in g unit be ing added . Thi s project wil l res ul t in th ree add itional dwelli ng un its. Based upo n an estimate d va lu e of $55 per credit , a Congestion Management Program fee shall be pai d in the amount of $1,122 prior to the issua nce of building perm its. Resol ution No. 14-2397 PC CUP 13-1833 TIM 71832 9532 & 9542 Olive Street P;:1ge 6 13. As provid e d for i n Government Code Section 66020, appl icant has ninety days from the date thi s project is approved to protest the impositio n of any fees, dedications, reservations, or exac ti ons imposed o n the project for the purposes of defraying the costs of pubfic impro vements, serv ices or amenities. Th is condition sha ll serve as· the notice t he City is required to pro vide applicant under GC Section 66020(d)(1). 14. All windows shall be double pane to mit igate noise impacts and assist in energy cons ervatio n. 15. Heating and air conditioning eq uipm ent shall be located so as not to be visib le from public streets or adjacent properties in order to avoid disturbing adjacent tenants or property ow ners w ith noise or ex haust. 16. That a method for cont inu al maintenance of the private street and common area sha ll be provided in the Covenants, Conditions and Restrictions (CC&R's) and that t his document shall incorporate maintenance provis ions for sidewalks along the private street, drain age devices in the p riv ate street or commo n area, and all yard areas dete rmined by the Ci ty to be common yard areas. Specifically, the CC&R's shall state the following: a) "no vehicular access gates sha ll be insta ll ed across the private st reet" b ) "the City of Temple City and L.A. County Sheriffs Department shall have the authorization to fully enforce the prohibition of overnight parking without a perm it in t he private street, in cl ud ing issuing ci tations and· towing of veh icl es pa rked. (c) "these CC&R's shall not be changed or modified withou t the wr itte n co ns ent of the City of Temple City ". The CC&R's and provisions conta ined therei n shall be subj ect to the review and approval of the City Attorney prior to approva l of th e Fin al Map. 17. A revised Tentative Tract Map sha ll be submitted and approved to demonstrate that standard curbs and gutters be pro"vided for the propos ed private dr iveway of the development. 18. Future build ing construction plans for each lot sha ll include a blue-l ine sheet(s) showing eac h page of this resolut ion, including all conditions of approval contained herei n . 19. A ll ex ist ing st ru ctures on the subj ect site shall be rerr:Joved prio r to recordation of the final ma p. 20. No building permits shall be iss ued unt il the final map has been recorded. Demolitio n permits f or site clea rance and grading permits may be issued at any time. 21. In completing th e drainage an d/or grading plan, the Planning Commission sha ll " . ,. ' I� Reso lution No. 14-2397 PC CUP 13-1833 TIM 71 832 9532 & 9542 Olive Street Page 7 review, at a noticed pu blic hearin g, any proposed drainage plan if more tha n 12 i nches of fil l is pro posed on the subj ect prop erty. 22. Provide a nu meric lot number for Lot A (the common lot used for the private street of the project). 2.3. Res e rve recip ro ca l easeme nts for drain age , i ng ress /eg ress, sewe r, water, utilities , right to grad, and maintenance purposes, etc., in do c um e nts over the commo n private driveway to the satisfactio n of th e City Engineer. 24. "Grasscrete", tu rf block, or land scape pave rs shall be ut il ize d to the extent poss ible so as to increase the permeable area on t he lot and increase the amo unt of landscapi ng . Sunken landscap in g st rip shall be provided al o~g the southern edge of t he prop o s~d driveway to th e sat is fa ct ion of th e Community Development De partment and all oth er app li cable agencies; said landsca pe stri p shall be service d with an automatic irriga tion sy ste m. 25. The con ditions of appro val co nt ained in t hi s Resol ution may be e nforc ed by the Sh er iff s Office as we ll as City st aff. Any vio lation of an y condi tio n is a misde meanor and may be processed d irectly by crim inal compla in t. 26. The lega l descripti o n on th e fi nal Tract map sha ll be rev iewe d and approved by the Land Developm ent Division of the Los Angeles County P ublic Works Department. 27. Th ere shall be in sta lle d a separate wate r meter fo r each dwelling unit, as well as a s epa rate meter for commo n irrigation, if app lica ble . ENGINEERIN G 28. Prior t o app rov a l of the Fina l Ma p or t he issua nce of bu ild ing pe rmit s, plans must be approve d to: a. El imin ate sheet overflow a nd ponding. b. P'rovide for contributory drain age from adjoi ning pro perties. c. Provide for th e proper distribution of drainage. 29. If app li cable, show and call out all existi ng on-sit e pub lic a nd pr ivate easements with nam es of th e holde rs , document numbers a nd recorded d ates. Label a ll easements as "to remai n ", "to be relocated " or "to be abandoned". If easement is t o be abandoned, indicate the propo sed timing of the abandonme nt. If there are no ex isting on -s ite publ ic and provide easeme nts, ad d th e annotat ion "No exist i ng on- site public and provide easeme nts" on the tentative map. 30. At the gra ding plan stage, su bm it two sets of grading plans to the County of Los Angeles Department of Public Work's Geotechnical and Mate rials Engineering Resolution No. 14-2397 PC CUP 13-1 833 TIM 71832 9532 & 9542 Olive Street D ivision, Soi ls Sectio n. PageS 31. At the grad ing p la n stage, submit a soils report t hat addresses the grading plans. The report mu st comp ly w it h th e provisio ns of Manual for Preparation of Geotechnica l Repo rt s prepared by Pub lic Works. 32 . Prio r to the Fi nal Map Reco rdatio n, su b mit a gradi ng plan for approval. The grading p lan must ·show and call ou t th e f oll owing ite ms including, but not limited to, construction of all drainage devi ces and details, paved driveway, elevation and i rr igation no of all pads, LID devices, and any re quired landscaping and irr igation n ot w ithi n a comm on a rea or m ainte na nce easeme nt. Acknowle dgement and/or approval from all easement ho lders may be· re quire d . 33. Comply w ith the requirements of the drainage concepUhydrology study/Standard Urban Stormwate r Mitigation Pla n, which was approved on April 23, 2013, except that no weep holes or ope n head Joints shall be provided on the perimeter wa lls a long the southerly and easterly property lin es . · 34 . T he s ubd ivi der sha ll install an d dedi cate a ma in lin e sewer and serve each building with a se parate house late ra l or h ave app rove d a nd bon ded sewer p lans on file with the L os Angeles County Pub li c Works Department. 35. T he discharge of sewage from t his land divis io n in to the public sewer system will not vio late the re qui rements of th e Cal ifornia Regio nal Water Qual ity Control Board pursuant to Divi sion 7 (comme ncing wi t h Section 13000) of the .Water Code. 36. Obtain "will serve letter'' from the L os Angeles County Sanitation District for t he d ischarge of se w er into the sew e r t ru nk li ne . . 37. Provide a "w ill serve letter'' fro m .the water purvE,;yo r ind icating that the water system will be operate d by the purveyo r and that under conditio ns , the system will meet the requirements f or t he la nd divisio n, a nd that the water service will be provided to each building. 38. Provide a "Ve rification" letter from the water purveyor indicatin g whether recycled water is avai la bl e for irrigation of common landsca pe area eq ual to or greate r than 2,50 0 squa re feet. 39. Prior to the fina l map approva l, th e subdivid e r shall enter into an agreement wi th the City-franchised cable TV ope rator to permit the installation of cable in a common utility t rench. 40. Construct or bond for a wate r system with appurtenant facilities to serve all buildings in the land division prior to recordation of t he final map. The system shall i nclude fire hydrants of the type and location as determined by the Los Ange les Resolution No. 14-2397 PC CUP 13-18 33 TIM 71 832 9532 & 9542 O live Street Page 9 County Fire Departm ent. The water mains shall be sized to accommodate the total domestic and fire flows. 41. A deposit is required to review documents and plans fo r final map clearance in accordance wit h Sect ion 21.36.0 1 O(c) of the Subd ivision Ordinance . 42. Place a note on the final map to th e satisfactio n of the Los Angeles County Public Works Department indicating that th !s map is approved as a single family .residential proj ect for seven lots ( six residential lots and one common lot) 43. Prior to final approval of the sub divi sion map, subm it a notarized affidavit to the Los Angeles County Public Wo rks Depa rt ment, signe d by all owners of record at the t ime of filing of the map with t he County Reco rd er, stating that the proposed condom inium buildings have not been con structed or that the bu ilding has not been occupied or rented and that said building w ill not be occupied or rented until afte r the fi ling of the map with the County Recorder. 44.A fina l map prepared by, or und er the direction of, a registere d civil engineer or l ice n sed land surveyor must be pro cessed through the County of Los Angeles Department of Pu blic Works prior to being fi led wit h th e Cou nty Record e r. 45 . Relocate or quitclaim any easements interfering with building locations to the satisfaction of the C ity Eng inee r. 46. Private easements shall not be granted or recorded with in area~ proposed to be granted, ded icated , or offered for ded ication to the City until after the final map is filed with the C ounty Recorde r unless such easements are subordinate to the proposed gra nt or dedication . If easem ents are granted after the date of tentative map approval, a subordinatio n mu st be exe cute d by the ease me nt holder prior to the filing of the fin a l map. 47.1f signatures of record title in terests appear on the final ma p , submit a prel iminary title guarantee . A f ina l guarantee will be requ ire d at the time of fi ling of the fina l map wi th the County Recorder. If said signatures do not appear on the final map, a prelimi n ary title report/guarantee is needed t hat covers the area show ing all fee owners and interest owners. The account for this preliminary title report/guarantee should remain open until the fi nal map is fi led with the County Record er. 48 . Prior to sub mitti ng the fina l map to the Los Ang e les County Public Works Department for exam ination pursuant to Section 66442 of the Government Code , obtain clearances from all affected Depa rtments and Div isions includ ing a cl earance from the Sub division Sectio n of the Bu il ding and Safe ty/Land Deve lopme nt Divis ion of the Departm ent of Publi c Works fo r the foll owin g mappi ng ite ms : mat hem at ica l accuracy , s urvey analysis. and co rrectness or certificates, signat u res, etc. Resolution No. 14-2397 PC · CUP 13-1833 TIM 71832 9532 & 9542 Olive Street Page 10 49. At the time of issuance of a building permit, the s ubdiv ider agrees to develop the property in conformance wit h th e submitted pla ns, the City code an d other appropriate ordinances such as th e ·Building Cod e, Plumbing Cod e, Grading Ord inance, Highway Permit Ord inance, Mechanical Code, Zoning Ordinance, Undergrounding of Util ities Ordinance, Water Ord inance, Sanita ry Sewe r and . Industria l W aste Ordinan ce, Electrical Code, and Fi re Code . BUILDING AND SAFETY 50. Building pe rmits are to be obtained for all demolitio n work. 5 1. Abandoned se w er li nes are to be capped within five (5) feet of the front property lin e. FIRE PROTECTION 52 . Provid e water m ains, fire hydrants, a nd fire flows as re quired by the County Forester and Fire W arden for all land shown on the map to be reco rd ed . 53. Provide Fire Departm e nt and City approve d st reet sig ns and bui lding address numbers prior to occupancy. 54. F ire Department access shall exte nd to within 150 feet distance of any portio n of structures to be bui lt unl ess 'wa ived by the Fire Departm ent. 55. V e hicular access must be provid ed and maintain ed servicea bl e throughout constructio n to a ll required f i re hyd rants. All required fi re hydrants s hall be installed, tested and acce pted prior to co nst ruction. 56. Install one (1) publ fc fire hydrant. Th e req uir ed fi re flow for p ublic f ire hyd rants at this location is 1,250 gallons per minute at 20 psi for a duration of 2 hours, over and above ma xi mum daily domestic demand. Fire hydrant improvement plans for the new required public fire hydra nt shall be submitte d to the Los Angeles County Fire De partment for revi ew and approva l prior cleara nce of t he Fina l Map.+ 57. A ll hyd rants sha ll measu re 6" x 4" x 2-1/2" brass or bron ze, conforming to current AWWA stan dard C503 or approved eq ual. A ll hydra nts s hall be installed a minimum of 25 feet from a structu re or protected by a two (2) hour fi re wall unless as approved ot herwise by the Los Angeles County Fire Department. 58. A water syste m ma intained by the water purveyor, with appurtenant facilit ies to serve all buildings in the land division, must be provided. The system shall include Resolution No. 14-2397 PC CUP 13-1833 TIM 71832 9532 & 9542 O live Street Page 11 fire hydrants of the type and location (both on-site and off-site) as determined by the Los An ge les Co unty Fire Departme nt. T he water mains shall be sized to acco m modate the total domest ic and f ire flows . 59. Al l requi red fi re hyd rants sha ll be installed, tested an d accepted or bond ed for prior to record at ion of the fina l map. 60. Acces s shall c om p ly with Secti o n 10 .203 -10 .206. of the Fire Code, which requ ires all weat he r access. All weather access may requi re paving. P UBLI C W O RKS 6·1. Curbs, g utte rs , and sidewa lks: Construct a five-f oot sidewalk next to the curb along the priv ate street. Driv eways shall be constructed to meet current Americans w it h D isabilities A ct guidelines and to the satisfaction of t he City of Temp le C ity: D riveways to be abandon ed shall be rep laced wi th standard curb, gutte r a nd si dewalk. Repai r any broken or da maged curb, gutter and sidewalk paveme nt w ithin o r abuttin g the subdi v ision. 62 . Street Li ghts: prior to t he fin a l m ap, a St reet Li ghti ng Pla n sha ll be subm itted to . t he Commun ity Deve lopme nt De partment of the City. Th e · St reet Light ing Plan sha ll provi de street lighting designs for both t h e public st reet adjoin the development a nd the pri vate street s erving t he deve lopme nt, and to the satisfaction of th e Commun ity Deve lo pment Department director o r his designee. 63. Street T rees: Pl ant four Chinese Pistache (Pistac hi a Chinensis) t rees on Oli ve St reet in f ro nt of the Develop me nt , an d to the satisfaction of t he City's Arbor ist. 64. Posta l De live ry: Insta ll postal deliv ery receptacles in groups and comp ly with the requ irements of the loca l posta l offi ce. 65. Surface Dra i nage: Provide all facilities necessa ry to accommodate cont ributo ry runoff and al l surface drainage from the su bject property and conduct it into appropriate sto rm drain faci lit ie s. No runoff shall be allowed to drai n across a public s idewalk. 66. Sewers : Provid e an on-site sew er ma i n for the proj ect and latera ls as require d by Code . A sewe r a rea st udy for the proposed sub divis ion (PC 12-3 AS TEMP , dated J uly 2 , 2012) was reviewed and approved . No ad di tiona l m itigation measures a re required. Th e sewer area study shall be invalidated shou ld the to ta l number of dwelling unit increase, the density increase, dwel ling units occ ur on previously identified building restricted lots , change in the pro posed sewer alignment, increase in tributary sewer shed, change of the sewer Gollection points, or the adoption of a land use plan or a revision to t he current plan. A revision to the approved sewer ----------------------------------~-·----~-- ' I Resolut ion No. 14-2397 PC CUP 13-1833 TTM 71832 9532 & 9542 Oli ve Street Page 12 area study shall rema in valid for two years after initial approval of the tentative map. After this perio d of time, an update of the area study shall be subm itte d by the appl icant if determined to b.e warranted by the City Engin eer. 67. Underground Utilities: All utilities shall be provide d und erground from a primary .service point in th e public right-of-way or on a rear property line, to service panels or facilities on buildings. Prior to issuance of building permits, provide to the City's Community Development Department a detailed utility plan for review and approval showing all utility pipes, wi res and conduits and the i r respective points of connection. Water Meters sha ll be located outside of the sidewalk. · 68. Permits: Show on the plot pla n all right-of-way improvements from centerline of street to property li ne. Permi ts sha ll be obtained from the Los Angeles County Public Work s Department prior to commencement of any work in the pub lic right-of- way. All work in the public right-of-way shall meet Los Angeles County Publ ic Works Department standards and shall be reviewed and approved by the City 's Community Department Manager or his designee. , 69. Disposal of Construction Waste: No constructio n activ ity waste material of any kind, in cluding p laste r, cement, pa i nt, mud, or any othe r typ e of debris or li quid shall be allowed to be disposed of in th e street or gutter, storm drain or sewer system. Failure to comp ly with this condit ion will result in charges being filed with the District ( Attorney . (TCMC 3400-341 1) All debris shall be re moved daily and dust control measures shall be implemented. 70. Solid Waste Manageme nt: Prior to issuance of Certificate of Occupancy, provide a written report to the City's Community Deve lopment Depa rtment showing description and quantity by we ight of all construction and demolition debris and method and location of disposa l. Solid waste includ es asphalt, concrete, brick, sand , earth, wood, plaster, drywall, paper, cardboard, wire, plas tic , etc. Total quantities and gen eral categor ies are required for a ll waste materi al, inc l uding we ight tickets. · 71. Stormwater Pollution: The subd ivi der shall meet all re quirements of the Nation a l Pollutant Discharge Elimination System (NPDES) related to pollutants; runoff or non-stormwater dis charges (TCMC 81 00-8405). 72. Thi s Resolu ti o n shall not beco me valid unti l all responsible parties have signed and agreed to the aforem entio ned condition of this Res olution. 73. T hat this Condition a l Use Permit and T entative Map shall expire 24 months from the date of approval. If the fina l map is not to be recorded prior to the expiration date , the subdivider may app ly in writ ing to the Community Developme nt Directo r at least forty (40) days before the ex piration date for an extensio n of time on the approva l of the map . The Map may be extended for up to f ive (5) years from the Resolution No. 14-2397 PC CUP 13-1833 TIM 71832 9532 & 9542 Olive Street date of approva l, at th e discretion of the granting body. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Page 13 I hereby certify that the foregoing Resolution was adopted by the Planning Commiss ion of the City of Temple City at a regular mee ting held on the 25th of March, 2014, by the follow ing vote: AYES: NOES: ABSENT: ABSTAIN: Commissione r-Horton, O'Leary, Leung Commissioner-None Comm issioner-curran Comm issioner-Cordes r------------------------------------A~tt~achmentB 7 LOTS SHEET 1 OF 3 SHEETS 57,240 SO. FT . TRACT NO. 71832 IN THE CITY OF TEMPLE CITY COUNTY OF LOS ANGE LES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 59 OF MISSION VIEW ACRES IN RANCHO SAN FRANCISOUITO, AS PER MAP RECORDED IN BOOK 12. PAGE 150 OF MAP S, IN THE OFFICE OF TH E COUNTY RECOR DER OF SAID COUNTY OWNER'S STATE MENT VIE: HEREBY STATt THAT M: AAE ll-iE O'MIIERS OF OR ARE INTER£STED ~ THE LANOS tiQJJQ[D ~THIN THE SUSO!I.ISION SHOVoN ON ll<IS WAP ~ ll<IN ll<E DISllH<:Tl'IE IIORDEA UNES, ANO WE CONSOI T TO ll<( PAO'AAATlON AHO FlUNG OF SAil WAP ANO SUIIOI\o1SION . WE HEREBY OCDICATE THE SIO(W.w< AN0 SEWER EASOIDIT TO 1l<E aTY OF TEWPU aTY ..S S>iOWN ON TitS WM'. OU'IE S1RE£T CROUP U.C, A CAUF'ORNI A UIAITEO UAIIIUTY COWPANY (OWN ER) WAHAGW.fe WDIBER STATE OF CAUFOAIIIA ) COONTY OF ) SS ON _____ BUOA£ W£.------------A NOTARY ::~~~ ~ASI~S;-::OF;o-,:SA-:-11SF=c:AC:oTDII=Y::-:£10000tE==:;:-;TO=-:IIE;::;-=TH:-::E-­ PVtSOH(S) OHOSE IWI[(S)IS/AAE SUBSaii8ED TO THE .. 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Vll f}I£SS WY KAH0 AND OF'flOAl SEAL 9CNA~----------- NAWE PRIHTm -------- NOTARY P\JI!tJC t1 AN0 FOR SAIO STATE WY COWIISSION NUW8ER ---- WY COWIISSION OII'IAES ----- WY PAIHCIPAL PlACE OF BUSINESS IS IN -------COUNTY ROYAL BUSINESS 8ANl<, BO<EflOARY UNOER A OEID OF Tli\JST AECOAOEO J.Jl Y 1$, 201l AS IHSTRUWOfT NO. 201310J87g() OF omciAL RECORDS HAW( Tin£ STATE OF CAUf'OAHIA ) COUNTY OF ) SS NAiol£ nru: ON _____ IIUORE W(. ____________ A NOTARY ::0~~~ ~WASI~S;-:::OF;o-,:SA-:-TI=:SI'=Ac"TOII=Y::-:Eio1=ooo=ct:;:-;TO=-:at;::;-=THE;-­ PERSON(S) 'M!OSE NAWE(S) IS/ARE SUBSCRIBED TO ll<E ~THtl IHSTRIJW[NT ANO AO<NO'Ol£DCED TO W( ll<AT HE/SHE/THEY [)C[CUT£0 1l<E SAW£ tl HIS/I<ER/THDR AUTI40AlliD CloPAaTY(IES), ANO ll<AT 8Y HIS/HER/THEIR SICHATUAE(S) OH 1l<E t1STIIUW£HT THE Pt:RSOH(S), OA THE E:NTlTY UPON B0<ALF OF 'MOIO< 1l<E POISOH(S) ACTm. [)C[CUtm THE IHSllllAID<T I CERnrY UNOEA PO<ALTY OF PERJURY UNDER 1l<E LAWS OF 1l<E STATE OF CAI.FOANIA ll<AT 1l<E f0A£00NC PARACRAPH IS lliUE AND COARECT. 'il!i THESS WY HAND AHO ClfflOAL SEAL SICHA ~------------------ NAWE PAIHTm -------- NOTARY P\J8lJC 1H AND fOR SAil STATE WY COto<WISSION NUWIIEft ----- WY COWWISSION EXPf!ES ------- WY PRINCIPAL PlACE fY BUSINESS IS IN ------COONTY SIGNA lURE OMISSION NOTES THE 9CNA1UA£5 OF rou.O .. NC EASD.IEN T HOL.OOtS HAW: SEEN OWITTm UNDER 1\iE PA01o1SIONS OF SECTION 86436 (o) JA (l-lo11) OF THE SU8011o1SION WM' ACT. THEIR INIDIEST IS SUCH ll<AT IT CANNOT AIPEH tiTO A Fti: TITU: AN D SAID 9CNA T\JAES ARt NOT AEOUIRED BY THE LOCAL AGENCY. CYIIIJS 'MWAAD BR£rr. H<lUlOt OF AN EASOIDIT FOR WA TIJI WAtiS. PIPE UNES AND INCIOOITAL PURPOSES RECOAOED 1N 8001< 5216, PNX 121, OF CUllS. RECOIIDS OF LOS ANCXL£.5 COUH TY. SAID EASD.IOIT IS a.AII<n 1N NA TUAE. JOS(PH A 8RAUH AHO N ARY N. BRAUN, HUSBAND AHO MfT.. AS JOINT TENAN TS. THEIR HEAlS ANO AS9CNEES. HOlDER OF AN EASE.WE:NT FOR INGRESS ANO ECAESS TO II£ USED t1 COWWON .. ll< DTHIEAS RECOAOED HUN£ 7. 1Hl AS INSTRUWE:N T NO. J27 AND 276 801l< OFFlOAL RECOAOS. AECOAOS OF LOS ANCQLS COONTY. SOUTHERH CAUF'OANIA EDISON COWPAN Y, A CXlflPOAA liON. ITS SUOCESSORS AN D ASSICH S. HOl.DElt OF AN EASO<ENT FOR PU8UC UT1UT11ES ANO INODENTAL PUAPOSE.S RECORDED AUGUST I. 1963 AS tiSTRUWE:N T NO. ~2. OF OFFlOAL A£COROS, RECOIIDS OF LOS ANCEUES COONTY. 1l<E SICHA TUllES OF REAL ASSETS ETC. UC. WOANIC CLOAY U.C. AHO UIV OE\nOPIIE:NT U.C. All CAUF'OANIA U "'TEO UASIUTY COI/I'ANY, HOUlOtS OF AS 1NTIJIEST IN. OA AICHTS TO, loi1NElW.S, -01 WAY 1NQ.IJOC IUT -01 WAY NOT liE lMTm TO 0L. CAS. OA Oll<ER H'IOAOCAA80N SUBSTAHCES HAW: 8EEN ~~T~ ~ONs&: i:,.c;'r;:' =T ~JC~g :fuSU~~ SAil 9CNA1UA£5 ARE NOT AEOUIAED BY THE LOCAL ACE:NCY. RESIDENTIAL PLANNED DEVELOP MENT SURVEYOR 'S STATEMENT THE WAP WAS PAO'AA£0 8Y wE OA UNOER wY DIRECTION AND IS BASED ON A lliUE AHO COfo<PUTE 00.0 SUA'IEY POif'OAt.IED 8Y W( OR UNDER WY DIRf:CllON tl rniAIJARY, 2012, t1 CXlNF'ORWANCE .. TH THE AEOUIR£UENTS OF 1l<E SUIIOI\o1SION wAP ACT AND LOCAL OADIN ANC( AT TN( AEOUEST OF OU'IE smaT CltOUP, U.C ON OEc:::EWBER 7, 2011. I HERCB'I' STAlt THAT MS """AL WAP SU8STANT1AI.LY COHFORWS TO 1l<E CONDinOHAI.LY APPAO'IEO TtNTAn'IE WAP; ll<AT All THE WONU!o4tNTS ARE OF THE OIAAACTIJI AND OCOJI'Y THE I'OSillONS INOOCATm: THAT ll<E WONU!o4tNTS ARE sumatNT TO ENABLE 1l<E SUA'IEY TO BE RETR ACED: AND THAT TIE NOTES FOR All CtNTEALtiE wONUWEN TS NOTm AS ~#~~or ~~ oma: f1F THE 06RECTOR OF PU8UC WORK@~:;. AUl!m J. THELOEU LS 61199 EXl'IAES: 8/J0/2015 ... - BASIS OF BEA RINGS 1l<E 8IEAAIHCS SHOVoN HEREON ARE BASED ON 1l<E IIEAA1NC NBO'D''Wt OF 1l<E CE:NTOU<E OF 8lAO<l.EY STREET AS -ON WAP OF TRACT NO. 2a482 RECOADED IN 8001< 725, PACES 86 ANO 17. OF WloPS, AECOIIDS OF SAil COONTY. CITY ENGINEER'S CERTIFICATE I HDIEBY CERnrY 1l<A T I HA~ OWitNED TICS WAP; 1l<A T IT CONRlRII$ SUIISTANT\Ali.Y TO THE TtNTATl'IE """ ANO All APPAOII(J) ALTEAAnOHS THEREOF; THAT All PAO\'ISIONS OF Sl.IIIDMSION DAOtiAHCES OF 1l<( aTY OF TDIPlE aTY APPlJCA81.£ AT 1l<E T1WE OF APPROVAL OF ll<E TE:NTA TNE """ HA\'£ BEDI C::OW P\JED 'Mni AHO TH AT I NA SAnSFIED THAT THtS WAP IS TEO<NICAU. Y COAA£CT ~TH AESPECT TO aTY A£COAOS. DATE a TY ENGINEER R.C.E. ____ ElQ'IR[$: ___ _ COUNTY ENGINEER'S CERTIFICATE 1 HERE8Y STATE ll<AT I HAW: CWIINED TillS WAP, ll<A T IT CQI.IPUES .. ll< ALL Plt(MS1()HS OF STATE LAW APPUCAil.£ AT THE TlW( OF ~AL OF THE T[NTA TI'IE WAP: AND I AW SA TISflED 1l<A T TitS I< loP IS TEOIIIICALL Y COAAECT IN All RESPECTS HOT CERlVlED BY THE OTY ENGINEER DATE 8~--------------~.----• PLS LS. NO. ___ EXPf!ES: CITY TREASURER'S CERTIFICATE I HEAEIIY CERTIFY THAT All SP«>AL ASSES$W()IT$ l£111(1) UNOER THE JUAISDICTlON OF THE aTY OF TDIPlE a TY TO 'IIHOl THE LANO 1NQ.IJO(I) 1N 1l<E .. MN SUIIOI\o1SION OA ANY PART THEREOF IS SUIIJtCT. ANO OHIO< WAY liE PAID lH nJI...1. HAVE 9EE'H PAIJ ... nJU.. DATE 0 TY 11t£ASUIItDt -OTY 01 TDIP\L OTY CITY CLER K'S CERTIFICATE I HERESY CER TifY ll<AT ll<E aTY COONOI.. OF 1l<E CITY OF T{)jPl[ aTY 8Y WOnOH PASSED ON APPRO'IEO ll<E ATTACHED WAP ANO ACCEP TEO THE DEDICAnOH OF 1l<E EASE.WE:NT faA SANITARY SEWEll, AND 5100<-'lK PURPOSES AS S>iOVol< HER£0N. DATE CITY CLERk -CITY OF Tti.IPU aTY I HEAEIIY CERnrY THAT SEOJAITY tl THE AW OUNT OF $ HAS 8EtN fUD •n. ll<E [)C[OJTT\'E OFflCDI. 80AAD OF SUPERVISOAS OF 1l<E co.JNTY OF LOS ANCEl.ES AS SEOJAITY faA 1l<E PAYWE:N T OF TAliES NoO SPEOAI.. ASSESSNENTS CC'l.L£CTII) AS T.u£5 ~ nE lANO ~ ON WAP OF TRACT HO. 71 832 AS R(OI.MED 8 Y LAW~ O![CU n\f£ OF'fla:R. BOARD OF SUPER'ASOR.S OF TH£ COONTY OF LOS ANCEl.ES, STATE OF CAI.FOANI A B~ ------~~~=TY~-------DATE I HEIIEliY CERTlrY TH AT All CERmCA TtS HAW: IIEEN fUD AND DIPO!ITS HAW: 11EEN WADE 1l<A T ARE AEOU1R(]) UNDER 1l<E PAO\'ISIOHS OF SEC nONS 664t2 ANO 6648~ OF 1l<E SU801\o1SION WAP ACT [)C[CUTI'IE OFflCDI. 80AAD OF Sl.I'Eli\1SOAS OF ll<( COUNTY OF LOS ANOO..ES. STAT£ OF CAI.IORNI.A 8Y: ----:DEPU==TY::-----DATE SCALE: 1"= 40 ' TRACT NO. 71832 SHEET 2 OF 3 SHEETS IN THE CITY OF TEMPLE CITY INO<CAT£S lliE SOUHOARY Of lli( LAND BElNC SUEIOI\10ED BY lliiS WAP. COUNTY OF LOS ANGELES. STATE OF CALI FORNIA 'WISSION VIEW ACRES! IN RAHCHO SAN F'RAHOSOUITO, \ot,8. 12-150 •>DEED: AEC. 7 /1&/2013 AS IN ST. NO. 201 JOJ878g, O.A. LOT 7: 34' MOE AND VARJioi!J..E. OIO'Ili PRIVATE OAI\O'AY AND FlAE LANE; AESEW<G AS A RECIPROCAL EASO<ENT FOil OIWHAC(, WATER, AND ununES PURPOSES. R Nlli 1 0 INDIC ATE SU WONU YENT AS NOT£0 LM ,, l 2 lJ • 30.00 NOI'!to&lt I Z. SOI":t4 )1 C f'D. C0NC. H"-'l PER L.A. CO. RDf'B 1428 PACE 1~. 1.-. FITS. 2 FO . L&T nES, NO TAC PER SAl) f .B. f'D . 2 II,I QRE UcT, NO REF. (1 U<T NO TAG, 1 L&T TACCED LS ® ~:S~c.~E,:'i f.CW:~~ .. fr~ ~~ N«J 275, O.A. @ &' ANO 2' .. DE EASO<ENT or SOUTHER!~ CAUFORNtA EOISION COWPANY AEC. 08/08/IMJ AS INST. NO. 54!52. O.R. @ ~w·, S~~g::A18N (ASOIEN T FOil 9EN!:F1T Of ® SIOEWAU< EASEWENT TO OTY or !Doll'l£ O TY. ([)ENTIRE PRIVATE OAI\'EWAY ANIJ nm.ANE AS SOriOt EASEloi~T TO O TY fY ~ OTY. 1 . J2.00 2. > 7 1 1 4() 12 7t'50 21 2g 81 206 f'D. LA.. CO. SUR\'£V .,.ON.. I< Y1(l.l. ON. 10' PER L A. CO. PW'll 1425, PAGE t~7 A.. FI TS 4 Rl. U<T TIES, NO TAC PER SAID F.8 . ACCEPT£0 AS C.L 1Nl£RSECnON. $301 ). ACCO'l£0 AS C.L --------------------------- INTERSECTION. g OUVE S TREET N80'0~'011 'E • E 1 -_-----~15--::"""----t - g 1110.00' ~ ~-N~~OII~~~----~~~~-,~~r-~~~~~r---~--~~~~~~:~·::.~-~1" 181.82' I i -U<T -li'--NE'lv ca<. LOT 1 I ~~ I ~~-"g',g!A~~e. 1 NE'LY COR. or 1liE LN«l 8 0 § 1 725-88-87 • .,I O£SC. .. DEED REC. 5/22/18118 l:l ~ ., •. I;.. ~~g~. ~I AS INS~s~~.9~of~oi'~: -g e.m ~. rr . 6 g ~ I; V) I ACCEPTED AS NW"LY COR. OF 8,1 64 so. FT. 12.0()" VI I 1liE LAND OESC. INI oa:DM, JO' I I I I I I I I I I I I I ~ I ~ I I I I E'L Y UNE or ll<E LAND OESC. I< 01EED REC. 5 /22/Uga AS INST. NO. ge-870288, o.R. ESTA8. PER SAIO OIEED. ~ ACCEPTED AS W"L Y UNE OF M LA ND OESC. IN DEED ... I I ..-c Y UNE or LO T 5g,)~~ WISSION \1EW ACRES• AND ALSO 8EJNG n<E I E'LY ~E1~0~~c,:: I ~-~~~~~:0::1 I • (15 1.82) P[R SAID I TRACT NO. 171110. I I I I ~ l>..: I ~ ~~ I ~ ~$ g Iii..\ I z IS~~ I ~~~~ . JO' I NOT A PART I ~ ... i!1:~ ~I Of TH IS II ~~~~~ ! ~~ SUBDMON I g~~~ ;: ~I I e~":O~ 1. I I ~g~;~ I ~ I I NOT A PART or THIS SUBDMON ~ ~--J1.2,g;J'-'v---,)::::_ +-- - -N80'd'4'15"E ~~~~~e -\NI80'04 '1~'E : g BLACKLEY ----'lr---- ~ "> Rl. C.S. liON tf 'I1Ell 0~ ON 1.00' PER TRACT c::; ~ NO. 28412. lol~8. 71S-86-87 ACCO'l£0 AS c.L 11tTERSECnON. Rl. 5 L&T TIES. NO REF . rr. N80'05'011'E I ..-c Y Lt<E or 1'HE: LAND OESc. tf OEIIl AEC. J/1/1 8115 AS t<ST. 110. U-J2.JUI4, O.A. ESTA8. W'LY AT ~~,:~<7~~;~ugT OEID. ACCEPT£0 AS E'LY UNE or THE LAHO OE~IBED IN O£ED••. I I I n v UNE or uor 59. ESTAB. PARAI.LEL 'MTH AND OIST~T 4.50" E''l Y, I IIEASURED AT RIGHT ANCLEs. fROW ..-c Y V RIGHT or WAY UNE or lllAQQLY STREET PER ll&.IJ' J TRACT NO. 2:8-412., N80'0<4'15"'t w.a. 725-N-87. SEE OCTAIL 'E' I N'LY UNE or 1'HE: LAHO O£SC. "' ON SHEET J I DaD REC. J /8/07 AS INST. NO. I N'LY UNES or 1liE LANDS ocsc. 1 2007051~717, o .R. ESTAB. PER SAIO 1 ro s.w PER IN DEEDS REC. 08/JO/It91 AS 1 oao. ACCEPT£0 AS S'LY UNE or Mmi.cT NO 7114g2, INST. NO. 11 -13712.50 ALSO R£C. THE LAHO OESC. IN DEED... I -~. n.s--'a&-87. 7 /1 /11811 AS IHST. 110. 81 ~I 1 ~s.':.iT ........ EsTJt~f.mllL ~~ ~ Rl r.;;. DISTANT N'LY (JOO.OO') fROW S'L y N I I ~ .. ~is~ J.o ~5E9·c.'t:ssoe[!'~ I 144 oo· II ~ ~ Acco>~~ :,_~ :;: :~ I ~ 11 e; I LANO DESCR19EO IN DEIIl" I • NOJr ~~ 1l "'~ I :E: SUBDMON I I ~ ~ 11 t; 1 W'L v LINE or n<E LAND ocsc. '" 1 1 S;l I ~C:~1Y~~ E"#r:::tw,~· II ~ l" NoT A PART • n 1 ..., .. or THIS I ~~~ ~ Acks.UNE~o~. ocro.l 'll I ~ SUBDMON I ACCO'l£0 ITS H'lY PROLONGA11011 II st ., L.ANO ()(SCRIBED IN DEED• •. .-~~ II ~ ~I II ~ ' I I I ro. s.~o~m. I 1 I • w.a. 725-88-87. l" 1 AS E'LY UNE or PARCEL 1 or n<E 11 ~~ 1 I / 11 <r -.E'.:!·:...------::..~------~·~· ~~--=-# § 527.2 4' -.J S TREET 500.25' g / 4>"' ""'c'==,.;-:"""'::Q..~·6··f/$ _,<~> 600.71' FO. s.kW PER TRACT NO. ~412, t.I.B. 725-M-87. Rl. > CONe. NAL 11£5. NO REF. SCALE: 1"= 40' / / -- / / OUVE r:] I \ \ \ " " ....... TRACT NO. 71832 SH EE T 3 OF 3 SHEETS IN THE CITY OF TEMPLE CITY COUNTY OF LOS ANG ELES, STATE OF CALIFORNIA DETA ILS ----------- S£T L&T TAGCED I.S 6999 SET U.T TAGCED I.S 6999 190.~' ....... ....... ' ~~STREET '.\ ; ~ I OETAIL or ·a~ ~ ~ I LOT6 -~g DETAIL "D" ~ I l j I / / / / ------ I I ( \ \. ..- / _.,... OUVE N80'05'~·r / -78.0 •. " " O(TAIL Of" ~ LOT 1 ~ ....... 34.00' ~4' DETAIL "A" NOT 10 SCAlL S TREE;-....._ ....,_ . ·-, ' .' @ i::J 78.86'-" ~ UJ \ ~ ~"'i or \ ./ -- / / I I I / ------