HomeMy Public PortalAbout07) 7C Final Subdivision Map Approval for Parcel No. 73053 6050 Hart AvenueAGENDA
ITEM 7 .C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: March 15 , 2016
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
Via: Micha el D. Forbes, AICP , Community Development Director
By : Hesty Liu , AICP , A ssociate Plann er
SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 73053, A
TWO-PARCEL SUBDIVISION FOR THE PROPERTY LOCATED AT 6050
HART AVENUE
RECOMMENDATION:
The City Council is requested to:
1. Receive the Subdivision Im provement Agreement (Attachment "A");
2 . Approve t he final subd ivision map for Parcel Map No . 73053 (Attachment "B");
3 . Authorize the City Manager to execute the Subdivision Improvement Agreement;
and
4 . Authorize the City Clerk to certify Parce l Map No . 73053 .
BACKGROUND:
1. On August 20 , 2014 , the City received the application propos ing a two-parce l
subdivision for the property located at 6050 Hart Avenue . The submitted tentative
parcel map for the subdivision was subsequently distributed to the City 's Office of
Building Official and the Los Ang e les County Fire Departm e nt (Fire Department) for
comments and conditions of approval.
2 . On February 10 , 2015 , the Planning Commissio n held a public hearing to rev iew the
application . The Planning Comm ission voted 5-0 approving the tentative parcel map .
3. On December 9, 2015 , the Fire Department approved the final map for the
subdivision .
City Council
March 15, 2016
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4. On February 12 , 2016, the City Engineer approved and signed the final map for the
subdivision .
5. On February 17, 2016, the applicant made the security deposit and signed the
Subdivision Improvement Agreement.
ANALYSIS:
The Planning Commission approved the tentative map for the subdivision on February
1 0 , 2015. The approval was based upon the conclusion that the project would be
consistent with the General Plan and the Zoning Code. The approved tentative map was
granted an initial life of two years which would not become expired until February 10 ,
2017 . Now the final map prepared for the subdivision has been reviewed and approved
by the Fire Department and the City Engineer. The City Engineer certifies the map for
technical accuracy and compliance with the Subdivision Map Act. The developer also
signed the Subdivision Improvement Agreement and submitted the security deposit for
the improvements covered by the Agreement. Staff therefore recommends that the City
Council approve the final map so that the developer can finalize the subdivision and start
the development on the property.
CITY STRATEGIC GOALS:
Approval of Parcel Map No . 73053 will further the City's Strategic Goal of Economic
Development established for the community .
FISCAL IMPACT:
Approval of this item will not have an impact on the City 's budget.
ATTACHMENTS:
A. Copy of the Subdivision Improvement Agreement
B . Copy of Parcel Map No . 73053
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov . Code § 27383)
CITY OF TEMPLE CITY
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple ei\J, California 91780
Attachment A
Tms SPACE FOR RECORDER'S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
EDWARD CHANG
Subdivider
DATED February 12, 2016
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 73053
This Subdivision Improvement Agreement ("Agreement") is entered into as of this 12 th
day of February, 2016 by and between the City of Temple City, a municipal corporation ("City")
and EDWARD CHANG ("Developer"). City and Developer are sometimes hereinafter
individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. Developer has submitted to City an application for approval of a final parcel map
for real property located within City, a legal description of which is attached hereto as Exhibit "A".
The parcel map is identified in City records as Parcel Map No. 73053. On February 10,2015, the
City conditionally approved Parcel No. 73053.
B . Developer has not completed all of the work or made all of the Public
Improvements required by the Subdivision Map Act (Government Code sections 66410 et ~.),
(''Map Act") the City Ordinances , the conditions of approval for Parcel No. 73053, or other
ordinances, resolutions , or policies of City requiring construction ofimprovements in conjunction
with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act ,
Developer and City enter into this Agreement for the timely construction and completion of the
Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer
and City Attorney, for Parcel No. 73053.
D. City has authority to enter into this Subdivi sion Improvement Agreement pursuant
to Government Code Sections 66499 -66499.10.
E . Pursuant to Government Code Section 66499 , Developer's execution of this
Agreement and the provision of the security are made in consideration of City's approval of the
final map for Parcel No. 73053.
DEFINED TERMS
"Developer" shall mean Edward Chang, a real person. The term "Developer" shall also include
all assignees, to the extent permitted under this Agreement, of the rights and obligations of
Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or
equitable interest in the Property .
"Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct
the Public Improvements, including the replacement cost for all landscaping.
"Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
actually and necessarily incurred by a party in good faith in the prosecution of an action or
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proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying
costs, exhibit production costs, special media rental costs, attorneys ' fees, fees for investigators,
witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other
cost or expense, the award of which a court of competent jurisdiction may determine to be just and
reasonable.
"MapAcf' shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
"Property " shall mean the all of the real property contained within the boundaries of Parcel Map
No. 73053 located in the City of Temple City, California, as is more particularly described in the
legal description and parcel diagram attached hereto and incorporated hereby by reference at
Attachment "A".
"Public Improvements" shall include, but not be limited to , all grading, roads, streets, paving,
curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains,
detention and tetention basins and other drainage facilities, traffic controls, landscaping, street
lights and all other facilities required to be constructed and dedicated to the City or other public
entity as conditions of approval of Tentative Parcel Map No. 73053 and as shown in detai l on the
plans, and specifications which have been approved by the City and incorporated into Parcel Map
No. 73053. The Parties agree that the Public Improvements to be completed by Developer are
more specifically described in the diagram or plan attached hereto and incorporated herein by
reference as Attachment "B. Notwithstanding, Attachment "B", Developer shall remain obligated
to construct and complete all of the Public Improvements required as conditions of a pproval for
Tentative Parcel Map 73053.
"Required Insurance" shall mean the insurance required to be maintained by Developer under
Section 17.
"Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other
security approved by City Engineer or City Attorney.
"Parcel No 73053." shall mean the final map prepared and approved by the City for tentative
parcel map no. 73053.
"Warranty " shall mean the one-year period following completion of the Public Improvements by
Developer and the acceptance of the Public Improvements by the C ity in which Developer warrants
and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the
parties and contained here and other consideration, the va lu e and adeq uacy of which are hereby
acknowledged, the parties agree as follows:
1. EFFECTIVENESS. This Agreement shall not be effective unles s and until all
four (4) of the following conditions are satisfied in the order prov ided:
1.1 Security. Developer provides City with the Security ofthe type and in the
amounts required by this Agreement;
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1.2 Final Map and Ae;reement Approval. The City Council of the C ity ("City
Council") approves the final map for Parce l No. 73053 and thi s Agreement;
1.3 Record Ae;reement. Developer and City execute the Agreement and City
records this Agreement in the Recorder 's Office of the County ofLos Angeles; and
1.4 Record Final Map. Developer records the final map for Parcel No. 73053
in the Recorder's Office of the County of Los Angeles .
If the above described conditions are not satisfied in the order, manner and within the time
provided under this Agreement, thi s Agreement shall automatically terminate without need of
further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at
its own cost, expense, and liabili ty the Public Improvements, as defined herein, within the time
and in the manner required under this Agreement. Construction of the Public Improvements shall
include any transitions and/or other incidental work deemed necessary for drainage or public
safety. The Developer shall be responsible for the replacement, relocation, or removal of any
component of any irrigation water or sewer system in conflict with the construction or installation
of the Public Improvements. Such rep lacement, rel ocation , or removal shall be performed to the
complete satisfaction of the City Engineer and the owner of such water or sewer system.
Developer further promises and agrees to provide all equipment, tools, materials , labor, tests,
design work, and engineering services necessary or required by City to fully and adequately
complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where construction
of any Public Improvements has been partially completed prior to this Agreement, Developer
agrees to complete such Public Improvements or ass ure thei r completion in accordance with this
Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work,
Developer shall , at its sole cost, ex pense, and liabili ty, obtain a ll necessary per mits and approvals
and give all necessary and inci denta l notices required for the lawful construction of th e Public
Improvements and performance ofDeveloper's obligations under this Agreement. Developer shall
conduct the work in full compliance with the regulations, rules, and other requirements contained
in any permit or approval issued to Developer. Prior to commencing any work, Developer shall
file a written statement with the City C lerk and the City E ngineer, signed by Developer and each
utility which will provide utility serv ice to the Property, attesting that Developer has made all
deposits legall y req uired by the utility for the extension and provision of utility service to the
Property.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited from
commencing work on any Public Improvement until all plans and specification s for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her des ignee .
Approval by the City Engineer shall not re lieve Developer from ensuring that all Public
Improvements conform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work; Compliance Witb Laws and Codes. The con struction
plans and specifications for the Public Improvements shall be prepared in accordance with all
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applicable federal, state and local laws, ordinances, regulations , codes, standards, and other
requirements. The Public Improvements shall be completed in accordance with all approved maps,
plans, specifications, standard drawings, and special amendments thereto on file with City, as well
as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other
requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a skillful
and workmanlike manner, and consistent with the standards generally recognized as being
employed by professionals in the same discipline in the State of California. Developer represents
and maintains that it or its contractors shall be skilled in the professional calling necessary to
perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the work, and that such licenses, permits, qualifications and approvals shall be maintained
throughout the term of this Agreement.
2.6 Alterations to Improvements. All work shall be done and improvements
made and completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation of the Public Improvements
it is determined that the public interest requires alterations in the Public Improvements, Developer
shall undertake such design and construction changes as may be reasonably required by City. Any
and all alterations in the plans and specifications and the Public Improvements to be completed
may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.
2. 7 Other Obligations Referenced in Conditions of Tentative Map
Aooroval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval
on the tentative map for the Property. The conditions of approval which have not been satisfied
prior to the date of this Agreement are identified on Exhibit "D" hereto .
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements until
City formally approves and accepts them in accordance with its policies and procedures. City shall
exercise no control over the Public Improvements until approved and accepted . Any use by any
person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk
ofthe Developer at all times prior to City's acceptance of the Public Improvements. Developer
shall maintain all the Public Improvements in a state of good repair until they are completed by
Developer and approved and accepted by City, and until the security for the performance of this
Agreement is released. Maintenance shall include, but shall not be limited to , repair of pavement,
curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping
in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers
and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets
and street improvements . It shall be Developer's responsibility to initiate all maintenance work,
but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do
so by City. If Developer fails to properly prosecute its maintenance obligation under this section,
City may do all work necessary for such maintenance and the cost thereof shall be the
responsibility of Developer and its surety under this Agreement. City shall not be responsible or
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liable for any damages or injury of any nature in any way related to or caused by the Public
Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1
of this Agreement, Developer shall fully and adequately complete or have completed the Public
Improvements within 2 years (24 months} following approval of the fmal map for Parcel Map
No. 73053 or prior to the final date of the construction permits, whichever occurs first.
4.1 Extensions. City may, in its sole and absolute discretion , provide
Developer with additional time within which to complete the Public Improvements. It is
understood that by providing the Security required under Section 12 .0 et seq. of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of
an extension of time granted by City shall constitute a waiver by Developer and its surety of all
defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or
proceeding filed by City following the date on which the Public Improvements were to have been
completed hereunder. In addition, as consideration for granting such extension to Developer, City
reserves the right to review the provisions of this Agreement, including, but not limited to, the
construction standards, the cost estimates established by City, and the sufficiency of the
improvement security provided by Developer, and to require adjustments thereto when warranted
according to City's reasonable discretion .
4.2 Accrual of Limitations Period. Any limitations period provided by law
related to breach of this Agreement or the terms thereof shall not accrue until Developer has
provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
complete required or agreed upon Public Improvements .
5. GRADING. Developer agrees that any and all grading done or to be done in
conjunction with construction of the Public Improvements or development of Parcel Map No.
73053 shall conform to all federal , state, and local laws, ordinances, regulations, and other
requirements , including City's grading regulations. All grading, landscaping, and construction
activities shall be performed in a manner to control erosion and prevent flooding problems. The
City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on
the method, manner, and time of grading, landscaping, and construction activities to prevent
nuisances to surrounding properties. Plans shall include without limitation temporary drainage
and erosion control requirements, dust control procedures, restrictions on truck and other
construction traffic routes , noise abatement procedures, storage of materials and equipment,
removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
In order to prevent damage to the Public Improvements by improper drainage or other hazards, the
grading shall be completed in accordance with the time schedule for completion of the Public
Improvements established by this Agreement, and prior to City's approval and acceptance of the
Public Improvements and release of the Security as set forth in Section 12.0 et ~· of this
Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer,
power, gas, and telephone service to serve each parcel , lot, or unit ofland within Parcel No. 73053
in accordance with all applicable federal, state, and local Jaws, rules, and regulations, including,
but not limited to, the regulations, schedules and fees ofthe utilities or agencies providing such
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services. Except for commercial or industrial properties, Developer shall also provide cable
television facilities to serve each parcel, lot, or unit of land in accordance with all applicable
federal, state, and local laws , rules, and regulations, inc luding, but not limited to, the requirements
of the cable company possessing a valid franchise with City to provide such service within City's
jurisdictional limits. All utilities shall be installed underground .
7 . FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability,
pay all fees , charges, and taxes arising out of construction of the Public Improvements, including,
but not limited to, all plan check, design review, engineering, inspection, and other service fees,
and any impact or connection fees established by City ordinance, reso lution, regulation, or policy,
or as established by City relative to Parcel No. 73053, or as required by other governmental
agencies having jurisdiction over Parcel No. 73053 .
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its
sole cost, expense, and liability, and at all times during construction of the Public Improvements,
maintain reasonable and safe facilities and provide safe access for inspection by City of the Public
Improvements and areas where construction ofthe Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public
Improvements shall remove or uncover such portions of the finished work as may be directed
which have not previously been inspected. After examination, the Developer shall restore said
portions of the work to the standards required hereunder. Inspection or supervision by the City
shall not be considered as direct control ofthe individual workmen on the job site. City's inspector
shall have the authority to stop any and all work not in accordance with the requirements contained
or referenced in this Agreement. The inspection of the work by C ity shall not relieve Developer
or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable
materials or work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or
any part of the Public Improvements within th e time required by this Agreement, or if Developer
fails to comply with any other obligation contained herein, Developer and its surety shall be jointly
and severally liable to City for all administrative expenses, fees, and costs, including reasonable
attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing
any legal action or for any other remedies permitted by law .
10. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed
portions of the Public Improvements prior to such time as all of the Public Improvements are
complete, which shall not release or modify Developer's obligation to complete the remainder of
the Public Improvements within the time required by this Agreement.
10.1 Developer's Notice of Completion. Upon the total or partial acceptance
of the Public Improvements by City, Developer shall file with the Recorder 's Office of the County
of Los Angeles a notice of completion for the accepted Public Improvements in accordance with
California Civil Code section 3093, at which time the accepted Public Improvements shall become
the sole and exclusive property of City without payment therefor.
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10 .2 City Acceptance of Public Improvements . If Parcel Map No. 73053 was
approved and recorded as a single phase map, City shall not accept any one or more of the
improvements until all of the Public Improvements are completed by Developer and approved by
City. Issuance by City of occupancy permits for any buildings or structures located on the Property
shall not be construed in any manner to constitute C ity 's acceptance or approval of any Public
Improvements.
10.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until
Developer provides one ( 1) set of "as-built" or record drawings or plans to the C ity Engineer for
all such Public Improvements. The drawings shall be certified and shall reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11 . WARRANTY AND GUARANTEE . Developer hereby warrants and guarantees
all Public Improvements against any defective work or labor done, or defective materials furnished
in the performance of this Agreement, including the maintenance of all landscaping within the
Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1)
year following completion of the work and acceptance by City . During the Warranty, Developer
shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Publi c
Improvements, in accordance with the current ordinances, resolutions, regulations, codes,
standards, or other requirements of City, and to the approval of the City Engineer. All repairs,
replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability
ofDeveloper and its surety. As to any Public Improvements which have been repaired, replaced,
or reconstructed during the Warranty, Developer and its surety hereby agree to extend the
Warranty for an additional one (1) year period following City's acceptance of the repaired,
replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any
other liability it may have under federal, state, or local law to repair, replace, or reconstruct any
Public Improvement following expiration of the Warranty or any extension thereof. Developer's
warranty obligation under this section shall survive the expiration or termination of this
Agreement.
12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this
Agreement, Developer shall provide City with surety bonds in the amounts and under the terms
set forth below. The amount of the Security shall be based on the City Engineer's Estim ated Costs.
If City determines at any time prior to Developer's comp letion of the Pu bli c Improvements under
Section 4 [Construction Schedule], in its sole and absolute discretion, that t he E stimated Costs
have changed, Developer shall adjust the Security in the amount requested by City. Developer's
compliance with this provision (Section 12.0 et ~.)shall in no way limit or modify Developer's
indemnification o bligation provided in Section 16.0 ofthis Agreement.
12.1 Performance Bond. To guarantee the faithful performance of the Public
Improvements and all the provisions of this Agreement, to protect City if Developer is in default
as set forth in Section 18.0 et ~·of this Agreement, and to secure Developer's one-year guarantee
and warranty of the Public Improvements, including the maintenance of all landscaping in a
vigoro us and thriving condition, Developer shalJ provide City a faithful performance bond in the
amount ofthirtyfivethousandsixhundred ($35,600), which sum shall be not le ss than one hundred
percent (100%) ofthe Estimated Costs.
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12.2 Partial Release. The City Council may, in its sole and absolute discretion
and upon recommendation of the City E ngineer, partially release a portion or portions of the
Security provided under this section as the Public Improvements are accepted by City, provided
that Developer is not in default on any provision of this Agreement or condition of approval for
Parcel Map No. 73053, and the total remaining Security is not less than twenty-five percent (25%)
of the Estimated Costs. All Security provided under this section shall be released at the end of the
Warranty period, or any extension thereof as provided in Section 11.0 ofthis Agreement, provided
that Developer is not in default on any provision of this Agreement or condition of approval for
Parcel Map No. 73053.
12.3 Labor & Material Bond. To secure payment to the contractors,
subcontractors, laborers, material men , and other persons furnishing labor, materials, or equipment
for performance of the Public Improvements and this Agreement, Developer shall provide City a
labor and materials bond in the amount of thirtyfivethousandsixhundred ($35,600), which sum
shall not be less than one hundred percent (100%) of the Estimated Costs. The Security provided
under this section may be released by written authorization of the City Engineer after six (6)
months from the date City accepts the fina l Public Improvements. The amount of such Security
shall be redu ced by the total of all stop notice or mechanic 's lien claims of which City is aware,
plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's
anticipated administrative and legal expenses arising out of such claims.
12.4 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best's rating of no less than A:Vill, be a bank or insurance
company licensed to transact surety business in California, and shall be satisfactory to City. As
part of the ob li gation sec ured by the Security and in addition to the face amount of the Security,
the Developer or its surety shall secure the costs and reasonable expenses and fees, including
reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this
Agreement. The Developer and its surety stipul ate and agree that no change, extension of time,
alteration, or addition to the terms of this Agreement, the Public Improvements, or the plan s and
specifications for the Public Improvements shall in any way affect its obligation on the Security.
12.5 Form of Security. The evidence of the Security shall be provided on the
forms set forth in Attachment "C", unless other forms are deemed acceptable by the City Engineer
and the City Attorney, and when such forms are completed to the satisfaction of City, the forms
and evidence of the Security sha ll be attached hereto as Attachment "C" and incorporated herein
by this reference.
12.6 Developer's Liability. While no action ofDeveloper shall be required in
order for City to reali ze on its security under any Security instrument, Developer agrees to
cooperate with City to facilitate C ity's realization under any Security instrument, and to take no
action to prevent City from such realization under any Security instrument. Notwithstanding the
giving of any Security instrument or the subsequent expiration of any Security instrument or any
failure by any surety or financial institution to perform its obli gations with respect thereto,
Developer shall be personally liable fo r performance under this Agreement and for payment of the
cost ofthe labor and materials for the improvements required to be constructed or installed hereby
and shall, within ten (10) days after written demand therefor, deliver to City such substitute
Security as C ity shall require satisfying the requirements in this Section 12.
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13. MONUMENT SECURITY. Prior to City's execution of this Agreement, to
guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot
corners, and street centerline monuments for Parcel Map No. 73053 in compliance with the
applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"),
Developer shall deposit cash with City in the amount of Zero Dollars ($0), which sum shall not
be Jess than one hundred percent (100%) of the costs of setting the Subdivision Monuments as
determined by the City Engineer. Said cash deposit may be released by written authorization of
the City Engineer after all required Subdivision Monuments are accepted by the City Engineer,
City has received written acknowledgment of payment in full from the engineer or surveyor who
set the Subdivision Monuments, and provided Developer is not in default of any provision of this
Agreement or condition of approval for Parcel Map No. 73053.
14. LIEN. To secure the timely performance of Developer's obligations under trus
Agreement, including those obligations for which security has been provided pursuant to Sections
12.0 et ~· and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against
all portions of the Property not dedicated to City or some other governmental agency for a publi c
purpose. As to Developer's default ort those obligations for which security has been provided
pursuant to Sections 12.0 et ~· and 13 .0 of this Agreement, City shall first attempt to collect
against such security prior to exercising its rights as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City's
ordinances, regulations, and requirements governing signs and advertising structures. Developer
hereby agrees with and consents to the summary removal by City, without notice to Developer, of
all signs or other advertising structures erected, placed, or situated in violation of any C ity
ordinance, regulation, or other requirement. Removal shall be at the expense ofDeveloper and its
surety. Developer and its surety shall indemnify and hold City free and harmless from any claim
or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmle ss
City, its elected officials, officers, employees, and agent s from any and all actual or alleged claims,
demands, causes of action, liability, loss , damage, or injury, to property or persons, including
wrongful death , whether imposed by a court of law or by adm inistrative action of any federal,
state, or local governmental body or agency, arising out of or inc ident to any acts, omissions,
negligence, or willful misconduct of Developer, its personnel, em ployees, agents, or contractors
in connection with or arising out of construction or maintenance of the Public Improvements, or
performance of this Agreement. This indemnification includes, without limitation , the payment
of all penalties, fines, judgments, awards, decrees, attorneys ' fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, emp loyees, and/or agents for all lega l
expenses and costs incurred by each of th em. This indemnification excludes only such portion of
any claim, demand, cause of action , liability, loss, damage, penalty, fine, or injury, to property or
persons, including wrongful death, which is caused solely and exclusively by the gross negligence
or willful misconduct of City as determined by a court or administrative body of competent
jurisdiction. Developer's obligation to indemnify City shall s urvive the expiration or termination
of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its
elected officials, officers, employees, or agents.
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17. INSURANCE .
17.1 Tvoes: Amounts. Developer shall pro cure and maintain, and shall require
its contractors to procure and maintain, during construction of any Public Improveme nt pursuant
to this Agreement, insurance of the types and in the amounts described below. If any of the
Required Ins urance contains a genera l aggregate limit, such insurance shall a pply separately t o
this Agreement or be no less than two times the s pecified occurrence limit.
17 .1.1 General Liability. D eveloper and its contractors shall procure and
maintain occ urrence version general liability insurance, o r equivalent form, with a combined si ng le
limit of not less than $3,000,000 per occurrence for bodily injury, perso nal injury, and property
damage .
17 .1.2 Business Automobile Liability. Developer an d its contractors shall
procure and maintain business automobile liabili ty in s urance, o r equivalent form, with a combined
sing le limit of no t less than $1,000,000 per occurrence. Such insurance shall include coverage for
the ownership, o peration, maintenance, use, loading, or unl oad in g of any ve hi c le owned, leased ,
hired , or borrowed by the in s ured o r for which the insured is res pons ible.
17 .1.3 Workers' Compensation. D eveloper and its contracto rs shall procure and
maintain workers ' compensation in suranc e with limits as r e quired by the Labor Cod e of the State
of California and employers' liability insurance with limits of not less tha n $1,000,000 per
occurrence, at all times during which in sured r etain s employees.
17 .1.4 Professional Liability. For any consultant or other professional who w ill
eng ineer or d esign the Public Improvements, liability ins urance for errors and omissions with
limits not less than $1,000,000 per occurrence, sha ll be procured and maintained for a period of
five (5) years following completio n of th e P ubli c Improvements . S uch in s urance sha ll be endorsed
to in clude contractual liability.
17.2 Deductibles. Any d eductibles o r self-ins ured retentions must be dec lared
to a nd a pproved by C ity. At the opti o n of C ity, e ither: (a) the in s urer shall reduce or eliminate
s uch d ed uc tibles or self-ins ured retentions as respects City, its e lected officials, officers,
employees, agents, and volunteers ; o r (b) Developer and its contractors s ha ll provide a fmancial
g uarantee satisfactory to City guarantee in g payment of losses a nd related in vestigation costs,
c laims, and administrative and defense expenses.
17.3 Additional Insured: Se paration of I nsureds . The Required Insurance
shall na me City, its elected officials, officers, employees, agents, and volunteers as additional
in s ured s with respect t o wo rk perfonned by o r on behalf of Developer or its contractors, inc luding
materials, parts, o r equipment furni shed in connection t herewith . The Required Insurance shall
contain standard separation of in sured provisions, and s hall co ntain no special limitations o n the
scope of its protection to C ity, its elected officia ls, officers, emp loyees, agents, a nd vo lun teers.
17.4 Primary Insurance; Waiver of Subrogation. The Required In s urance
sha ll be primary with respect to any insurance or self-insurance program s covering City, its elected
officials, officers, employees, agents, and volunteers. All policies for the Requir ed Insurance shall
provide that the in surance company waives all rig ht of recovery by way of subrogation again st
City in connection with any d amage or harm covered b y s uch po licy.
Pa ge 10 of15
17.5 Certificates; Verification. Developer and its contractors shall furnish City
with original certificates of insurance and endorsements effecting coverage for the Required
Insurance. The certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must
be received and approved by City before work pursuant to this Agreement can begin. City reserves
the right to require complete, certified copies of all required insurance policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that the
Required Insurance shall not be suspended, voided , reduced, canceled, or allowed to expire except
on 30 days' prior written notice to City.
17.7 Insurer Rating. Unless approved in writing by City, all Required
Insurance shall placed with insurers licensed to do bus iness in the State of California and with a
current A.M. Best rating of at least A:VIII.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete
any obligation, term, or condition of this Agreement, or if City determines there is a violation of
any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City
may at any time thereafter declare Developer to be in default or violation of this Agreement and
make written demand upon Developer or its surety, or both, to immediately remedy the default or
violation . Developer shall commence the work required to remedy the default or violation within
ten (10) days of the written demand from the City. If the default or violation constitutes an
immediate tfrreat to the public health, safety, or welfare, City may provide the demand verbally,
and Developer shall commence the required work within twenty-four (24) hours thereof.
Immediately upon City's issuance of the demand to remedy the default, Developer and its surety
shall be liable to City for all costs of construction and installation of the Public Improvements and
all other administrative costs expenses as provided for in Section 9 .0 of thi s Agreement.
18.2 Failure to Remedy; City Action . If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substantial completion acceptable to
City within a reasonable time designated by the City, City may complete all remaining work,
arrange for the completion of all remaining work, and/or conduct such remedial activity as in its
sole and absolute discretion it believes is required to remedy the default or violation . All such
work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer
and its surety, without the necessity of giving any further notice to Developer or surety. City's
right to take such actions shall in no way be limited by the fact that Developer or its surety may
have constructed any, or none of the required or agreed upon Public Improvements at the time of
City's demand for performance. In the event City elects to complete or arrange for completion of
the remaining work and improvements, City may require all work by Developer or its surety to
cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if
conditions precedent for reversion to acreage can be met and if the interests of City will not be
prejudiced thereby, City may also process a reversion to acreage and thereafter recover from
Developer or its surety the full cost and expense incurred.
Page 11 ofl5
18.3 Other Remedies. No action by City pursuant to Section 18.0 et ~· ofthis
Agreement shall prohibit City from exercising any other right or pursuing any other legal or
equitable remedy available under this Agreement or any federal, state, or local law. City may
exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent
remedies. City may institute an action for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19.1 Authoritv to Enter Agreement. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority make this Agreement
and bind each respective Party.
19.2 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of thi s Agreement.
19.3 Construction; References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days, or period for performance shall be deemed calendar days and not work
days. All references to Developer include all personnel, employees, agents, and subcontractors of
Developer, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not defme, limit, augment, or describe the scope, content, or intent of this
Agreement.
19.4 Notices. All notices, demands, invoices , and written communications shall
be in writing and delivered to the following addresses or such other addresses as the Parties may
designate by written notice:
CITY:
City of Temple City
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple City, Cali fornia 91780
DEVELOPER:
Edward Chang
76 W Palm Drive
Arcadia Ca 91007
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent provided the original is contemporaneously deposited with
United States Postal Service and delivered by regular mail ; by messenger, as of the date delivered;
and by U.S. Mail first class postage prepaid, as of72 ho urs after deposit in the U.S. Mail.
Page 12 of15
19.5 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
19 .6 Waiver. City's failure to insist upon strict compliance with any provision
of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, shall not relieve Developer of any of its obligations under this
Agreement, whether ofthe same or similar type. The foregoing shall be true whether City's actions
are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off,
any and all defects, irregularities or deficiencies in the authorization, execution or performance of
the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or
resolutions of City with regards to the authorization, execution or performance of the Public
Improvements or this Agreement.
19.7 Assignment or Transfer of Agreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and any
assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from
any duty or responsibility under this Agreement.
19.8 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
19.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
19.10 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal , or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
19.11 Consent to Jurisdiction and Venue. This Agreement shall be con strued
in accordance with and governed by th e Jaws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
19.12 Attorneys' Fees and Costs. If any arbitration, lawsu it, or other legal action
or proceeding is brought by one Party against the other Party in connection with this Agreement
or the Property, the prevailing party, whether by final judgment or arbitration award, shall be
Page 13 of 15
entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award
entered in such legal action or proceeding shall contain a specific provision providing for the
recovery of Litigation Expenses.
19.13 Relationship Between The Parties. The Parties hereby mutually agree
that neither this Agreement, any map related to Parcel Map No. 73053, nor any other related
entitlement, permit, or approval issued by City for the Property shall operate to create the
relationship of partnership, joint venture, or agency between City and Developer. Developer's
contractors and subcontractors are exclusively and solely under the control and dominion of
Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or
contractor of City.
19.14 Counterparts. This Agreement may be executed in counterpart originals,
which taken together, shall constitute one and the same in strument.
19.15 Effective Date of Agreement. This Agreement shall not become effective
until the date it has been formally approved by the City and executed by the appropriate authorities
of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
By:. ___________ _
Eric S. Vail, City Attorney
Page 14 of 15
CITY OF TEMPLE CITY
By: __________ _
Bryan Cook, City Manager
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.
Page 15 of 15
CALIFORNIA ALL-PURPOS£ ACKNOWLEDGMENT
''''''''''''''''''''''''''''''''''''''''''''''''*''''*'''''''''''''''*''''''''*'''''''''''''''
A notary public or other officer completing this certificate verifies only the identity of the individtrcJI who
si gned the document, t o which this certificate i s attached, and not the truthfulness, accuracy, or validity
of that document.
State of ca lifomia }
County of los Angeles .
On f e b . I 7 ")..o I b before me, __ ~_c_h_e_l_6_h_vt _: .._, _JJ_o_-r._tt
7
r 'I __ Pt-_, _b _/.'_c..,
(
1 (rns.rt NgQK1 ofNatcry Publk orwJ rltJ4
person alty appeared E 17 vJ t\ rd C '\ttn d
who p roved to me on the basis of satisfa,ctory evi dence
to be the person(s) whose name(s) ts/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her /thei r
authorized capa city{ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
exeruted the instrument.
I certify under PE NALTY OF PERJURY under the laws of
the State of california that the foregoi ng paragraph is
true and correct.
WITNESS my han
----------------------------OPnONAL ----------------------------Though the information is not required by law, it may prove valuable to persons rel ying on the document a nd could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Oocume11t
T~leofTypeofOorumEm: ____________________________________________________________ _
D~mEnt~=-------------------------------------Number of Pages: --------------
Signer(s) Other Th an Nam ed Above:-----------------------------
Capacity(ies) daimed by Signer(s)
~gne~sName: ________________________ __
0 Individua l
0 Corporate Officer-Trtle{s):
0 Partner 0 limited 0 Gen;;era;;l-..~~-.~
0 Attorney in Fact
D Trustee
0 Guardian or Conservator D ome r. ________________ __
~gner is Representing:---------
Signer's Name : _______________________ _
D lndi vi dua I
D Corpora~ Officer-Tide(s): ;;;;;dj====~ D Partner D Umi ted D General
D Attorney in Fact
0 TrustE!e
0 Guardia n o r Conservator
D Other: ------------------
Signer is Representing:--------
.----------------------------
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
llltllltllllllltlllllllllllllllltllltllltllltllltlllltllltllltllltllltlllllllltllltlllt1118111
A notary public or other officer completing this certificate verifieS onJv the identity of the individual who
signe d the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document_
State of California }
County of los Angeles .
On ___________ before me,. ____________________ _
personally a_ppeared ------------------------------
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are Sllbscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
sigoature(s) on the instrument the person(s), or the
entity upon behaH of whim the person(s) acted,
exeruted the instrument.
I certify under PENAlTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNESS mv hand and offtcial seal.
Sign ature ----------------
{Signatwv af Notary Pub.lic}
---------------------------OPTIONAL---------------------------Though the information is not requirt?d by law, it may prove valuable to persons relying on the document and coofd
prevent fraudulent removal and reattachment of this form to another document.
O~cription of Attached Document
Title of Type of Document:-----------------------------
D~ment~=----------------------Number of Pages:--------
Signer(s) Other Than Named Above:--------------------------
Capacity{ies) Claimed by Signer( s)
Signer's Name:------------
0 Indivic:lua l
0 Corporate Officer Titl e(s)· -
0 Partne r 0 limited 0 General l :1_ ::..
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other.
Signer is Re;presenting:
Signer's Name: ____________ _
D Individual
0 Corporat2 Officer-Title(s): -------
0 Partner 0 limited D General -====~
0 Attorney in Fact
0 TrustEe
0 Guardian or Conservator
0 Other:---------
Signer· is Representing: ____ _
EXIUBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 73053
IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA,
BEING A SUBDIVISION OF LOT 345 OF TRACT NO 5904, AS PER MAP RECORDED
IN BOOK 80, PAGES 74 and 75 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXIDBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO . 73053
31.1nstall new curb ramp at northeast corner of Hart Avenue and Garibaldi Avenue in
accordance with SPPWC Standard Plan 11 0-2 , and as directed by the City
Engineer or his/her designee.
32.1nstall new driveway approach in accordance with SPPWC Standard Plan 110-2,
and as directed by the City Engineer or his/her designee.
33.1nstall new concrete sidewalk and landscaping along the length of the property
frontage in accordance with SPPWC Standard Plan 113-2, consistent with the
property located at the southeast comer of Garibaldi Avenue and Kauffman
Avenue and as directed by the City Engineer and/or his/her designee.
34. Remove and replace broken and off grade curb and gutter along the length of the
property frontage in accordance with SPPWC Standard Plan 120-2, and as
directed by the City Engineer or his/her designee.
35. Rehabilitate existing AC street pavement along the length of the property frontage
to the centerline of the street as indicated below, and as directed by the City
Engineer or his/her designee:
a. Grind existing pavement to a depth of 2" and over la y new AC.
36. Underground all services to the property.
37 .Install new curb and gutter along the length of the property frontage on Garibald i
Avenue in accordance with SPPWC standard plan 120-2, and as directed by the
City Engineer or his/her designee .
38.1nstall new street light on Garibaldi Avenue to match existing street light standards
on the street block and as directed by the City Engineer or his/her designee .
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL NO. 73053
As evidence of understanding the provisions contained in this Agreement, and of the D eveloper's
intent to comply with same, the Developer has s ubmitted the below described security in the
amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 35600
Surety: CHECK DEPOSITED
Attorney--,-in--:-f::--ac-t: ----------Ca41tex:S cheek rJo. g3]e I oCf 71
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ _.:3...::.J56c:...:O~O---
Surety: CHECK DEPOSITED
Attorney-in-fact: (W3hrtfS cJ.ted; tJO 8~ ]OIOCf 17
Address:
CASH MONUMENT SECURITY: $._0--:--:---------,....,.-..,.-.,.....------
Amount deposited per Cash Receipt No. 71129532 Date: 2/4/2016
OlY OF TEMPlE CITY
Bull din~ CASH RECEIPT FORM
Date :·?-= -4.-J ~ b
ACCOUNT NAME ACCOUNT NUMBER AMOUNT
BUS INESS LICENSE FEES 01-820-33-3301
BUI LD ING PERMIT FEES 01-820-33-3303
ENCROAC HMENT PERMIT FEES 01-820-33-3 306
CODE ENFORCEMENT FEES 01-820-33-3313
ZON ING FEES 01-840-35-3S03
PLAN CHECK FEES 01-840-35-3508
PUB WKRS/ENG FEES 01-840-35-3512
OTHER REIMB URSEMENT 01-870-38-3815
SU NDRY 01-870-38-3817
SEWER RECONSTRUCTION FEE 33-840-35-3502
PARK ACQUISITION FEE 46-840-35-3504
SHORTTERM DEPOSIT 01-2301 7 / )2M, 11'?>t
vv
IN LIEU DEPOSIT 01-2309
AFFORDABLE HOU SING FEE 32-840-35-35 13
PUBLIC ART FEE 51-840-35-3514
****REPRINT••REPRINT**REPRINT**REPRINT***
CITY OF TEMPLE CITY
Adlinistrative Services
626 285-2171
City of Temple City 71 1 29532
02/04/2016 16:22:44.000 Reg GDEV-BHHT
Validation Receipt
CHARf£S -
Of2301
2301 6050 HART-OSPT 4 S$ 71200.00 --------------
Stb-total $~71200.00
PAYI£NT-
Check -837010977 71200.00
Change
THANK YOO!
Business Hours:
7:30-6:00 Horoay through Friday
Reprinted by SSCOTT
Reprinted 02/09/2016 15:55 :37
****REPRINT••REPRINT••REPRINT•*REPRINT**•*
EXHIBIT "D"
LIST OF PARCEL MAP CONDffiONS
OF APPROVAL NOT SATISFIED
31.1nstall new curb ramp at northeast corner of Hart Avenue and Garibaldi Avenue in
accordance with SPPWC Standard Plan 110-2, and as directed by the City
Engineer or his/her designee.
32.1nstall new driveway approach in accordance with SPPWC Standard Plan 110-2,
and as directed by the City Engineer o r his/her designee.
33.1nstall new concrete sidewalk and landscaping along the length of th e property
frontage in accordance with SPPWC Standard Plan 113-2, consistent with t he
property located at the southeast comer of Garibaldi Avenue and Kauffman
Avenue and as directed by the City Engineer and/or his/her des ignee.
34. Remove and replace broken and off grade curb and gutter along the length of the
property frontage in accordance with SPPWC Standard Plan 120-2, and as
directed by the City Engineer or his/her designee.
35. Rehabilitate existing AC street pavement along the length of the property frontage
to the centerline of the street as ind icated below, and as di re cted by the City
Engineer or his/her designee:
a . Grind existing pavement to a depth of 2" and overlay new AC .
36 .Underground all services to the property.
37 .Install new curb and gutter along the length of the property frontage on Garibaldi
Avenue in accordance with SPPWC standard plan 120-2, and as directed by the
City Engineer or his/her designee.
38.1nstall new street light on Garibald i Avenue to match existing street light standards
on the street block and as directed by the City Engineer or his/her designee.
Attachment 8
2 PARCELS SHEET I OF 2 SHEETS
PARCEL MAP NO. 73053
IN THE CITY OF TEMPLE CITY . CO UN TY OF LOS ANGE LES
STATE OF CA LI FORNIA
BEING A SUBDIVISIO N OF LOT 345 OF TRACT NO . 5904. AS
PER MAP RECORDED IN BOOK 80, PAGES 74 AND 75 OF MAPS .
IN THE OFFICE OF TH E COUNTY RECORDER OF SAID COUNTY .
TIUTECH ENGINEERING ASSOCI ATES . INC
OAT( Of SUAVEY JUI'..IE lOtS
OWNER 'S STAl£ME NT
I HEA.EIY STAT'E THAT I AM THE OWNE R Of THE LANOS rNQ.uo£0 WTTHI"N nE SUBOIVlSt Of',l
SHOWN ON l'WIS MAl' WTTHlN THE OISTINCTIV( 80AO(A liNES AN0 f CONSENT TO THE"
PRfPAIII ATtON AND flUNG Of SAID MAP AND S U80IVISION
EO WAAO CH A~ OWNEA
A NOTdY 'VIltC OR OllER OffiCER COMPlETING THIS CEAnTICATE VEIUFJES or..t.Y 1l1E
IDfNTlTY Of Tl-IE INOIYri>UAl WHO Sl GNEO THE OOCVMENT TOWHIQ-1 THIS CER:TtflCATE
I S An ACHED ANI) NOT TH( TCI:UTH FUllNESS, ACC\JA:ACV Oil YAUOI 1"V Of THAT DOC\JMfNT
STAT( Of CAllFOClNtA
COVNTY Of LOS .-~s }ss
ON lffOO<tE;.ME~~§~i;;;;::;:;;;:;;;;;;:;::;; A NOTARY PVIUC '£R50NAUY AI'PEAAEO-;: EDWARD Q1ANi
WHO PQOVEO TO».£ ON THE IASlS OF SA nSFACTOAY MDENC'f TO IE 1l-E PERSON WHOSE
NAME lS SUISCQIIEO TO T'HE wtl'l11N INSTRUMENT ANO ACICNOW\..E~O TO ME THAT HE
EXECUTED THE SAME tN HlS AU'tl-+()QIZ£0 CAPACITY . AND THAT IV HIS Sl~ATVRf ON TH£
INSTRUMENT THE PfASON, ()Q TI-4£ ENnTY UPON BEHAL1 Of M<!Ot Tl-EPEASON AC'T£0 ,
EXECUTED lliE INSnUMENT
I CE RT'IFV UNDER PENAL TV OF ,ERJURV UNCER T~ELAWS OF ll-4€ STAff Of CALIFORNIA 'll'AT
1l1€ FOA€&0~ Po\Q~ IS TA:U€ ANC CORRECT
WITNE SS MY MAN[) ANO OfFlClAL sEAL
SI6NATVRE ----------
NAME Of NOTARY
OA Tt COMM ISSION £~Ui£S -----
COMMtSStONNO --------
EAST WEST JAN( AS lfNEFIClAQY UNDER A DEED Of TliUSTRECOROE"O JULY 23 201 4 AS
TN.SnUME'NT NO 20140751310 OF OFFICIAL RECOAOS RECORDS Of LOS ANGfLES COUNTY
BY;
(PRINT NAME ANQ T'IT\.£)
A NOTdY II'Vk.IC OQ OTH£CI: OfFIC£A COM.Pl.Hl"" THIS CfCI:TUlCAT'E 'IEA.IflES ON.Y 'THE
IOfNTITY Of Tl4f tNt>IVIOVAL. WHO SI6NED THE DOCUMENT TO WHIG! THIS COTIFICATE
I SA"ACJ.ED ANONOT TWf n:tUTlHU .. lNEsS ACOJAACY OCI:VAUOITVOf THATDOC\JMENT
S TA T'EOfCAI.If'~A
COUNTY Of LOS ANGaEs } ss
ON BEFORE ME,
A NOTARY PuiUc P'Ect $0NJ.U.V ApPE ARED ,
W~O PROVED ro ME ON nE 8 ASI S OF SA TlSFACTOAV £vtD£Nd TO i£ T'H£ P£RSON(S) WHOSE
NAME(S) t S/ARE SUISCRliED TO THE WJTlitN INS n UMENT ANO ACICNOWlfbGED TO ME ll-lAT
H€/SH£/THEY EXECUTED THE SAME IN HISIHER/THElA AUll«)Q.tt£0 CAPACll'V(I€5). ANt> THAT
BY HtS/HERJTHftQ SliNAT\.IQE(S)ON THE INSTRUMENT THE P€ASON(S) Oct,......£ EN TITY UPON
BEHAI..f Of WHICH 1l1E PECI:SON(S} ACT£0, EXECVTE D nE lNSlli!V~T
I CERTifY IJNO£Q P£NALTV Of P£CI:J IJQ:Y UNI>EA TW: LAWS OF nE STATE Of CAUfOQNfA THAT
floE F()q£601N& PA~ IS ntUf ANO CORAECT
WITNE'SS MV t-tANO AND OffiCIAL 5EAL
SI6N•H \JO£ _________ _
DATE COMMISSION EXPICI:ES -----
COMMfSSION NO --------
SIGNA TI.JRE OMISSION NO TE S :
mE FOUOWTNG SI~ TVRES Of THE PARTIES NAMED HBIEINAFm HAVE SEEN OMITTED
UN()[Q TI-E PQOI/JStONS Of SECllON 664)6 (c)(l)(A)(+•YII•) Of THE SUIDtvtSJON MAP ACT. AS
THEIR INTfREST IS SVCW THAT fT c,.,..,...,gT AI9'EN tNTO A ,EE nn.E ANCSofo iD St6NATVAES
ARE NOT 'IEQ\IICI:EO liY n.E LOCAL AGEJ'I'CV
SUNN'I' .sLOPE WArtct COW ANY k()LI)ER Of AN EAS€M(NT f(JII PV'E UNE 'VRI'05ES, IV 0££0
QECOR0£0 J ut..Y II 19Z7 IN IOOl 6742 PAGE 106 OF OfRctA4. A.fCOAOS A:fCOCU)S OF LOS
ofoNG-flES C~TY SAJD EASEMENT I S 91..ANICET rN NA~E
SOUniEAN CAUF()QNJA EDISON COMPANY, A COQPOCIATION HOL0£R Of AN EASEMENT FOQ
POLE PVQPOSES IV DEED RECOQ:OED fEBRUARY 21,1939 IN 100( 1036• PA ~ 307 Of OFFICIAL
AECOADS llEC:OII:DS Of LOS ofo~fS COUNTY
SOUniEAN CAL..t FOQNJ ofo TfLfPHON€ COMPANY . A C~ TION. HOLOEil Of ofoN EofoSEM€NT fOQ
POLE, CAkES WillE S AND ANCHOR PURPOSES, 8Y DEED ll EC:OClOED MAAOi 27_1939, tN BOOK
16509 PAGE 9~ Of OFnct.AI.. llECOQDS , RECORDS OF LOS ~S C~l"''
1 HEilUV C:£1lTl1V Tl1AT AU. CEilnftCATfS HofoV£ 8££N fU..-fO ANOOE'OSITS HAVE 8EfNMADE
m AT Ail E REQUtlt£D UNOU lltE PQ.OV15t ONS Of SECTIONS f:l649l AND ""93 Of 'nE
SUIOMSf OtllfMI ACT
E)(fC\Illl/£ OffiCER IOARD Of SUPUVISOA.S Of
mE COUNTY OF LOS A"*flES STATE Of CAUFOQNlA
SY __ DE~TY---DATE ____ _
SURVEYOR'S STATEMENT:
THIS MAP WA S PREPARED 8Y ME OR UNDER MY DIRECTION AND I S 8ASfO uPON A TlWE AND
COMI'lEll fiELD SVAVEV P'ERFOQMED IV ME OQ UN[)£R MY DIRECTYON IN FEIQUARY l5. l015
IN C~~ANCE WJfl-.j Tl-f£ REQUIReMfNTS Of llE" SUIDIVISION M.AI ACT AND LOCAL
OflDIN.ANC'E AT nE llEQVESTOf EDWAtO ~ON JUNE 12. 201• I HEQ.EIY STATf T}(AT
THIS PACI:CE\. MAt SU8STANnAU.YCONfORMS TO n-tE CONDITIOf\.IAU.Y AP't>QOVED
T(NTATIVf MAP THAT AU. Tl-E MC)NVM(NTS Alt£ Of lK ~ARACT'ECI: AND OCCIIY Jl.E
'OSinONS INDICATED OR THAT nE'Y wtU IE SET IN T'H05E POSin ONS WIOON ll
MONTliSfCI:OM THEFntN6 DATe Of TWISMA1 ANI)Tl-tATTHE MONUMENTS!.AEOA:wtU IE
SVfRCIENT TO ENA.&t.E 1l-tE SUQY(Y TO IE RE1'V.c:ED
MAHMOUD ~AL.ILI $AMANT
lS NO . 3766 EXP IZ·ll-2016
CUY ENGI NEER 'S CERTi fiCATE :
I 1-E'CI:EIY C'ERnFV Tl-4A TI HAVE EX AM INED THlS M.AP: THAT tTCONfCIQMS
SUISTANTIAU.Y TO mE TfNTATT'/E MAl AN0 AU. AJI!l'QOV€0 Aa..TE.~TIONS THEREOf
THAT AU. PflO\ItSIONS OF STArt LAWS AND .svtt)MSION OClDINANCfSOf l}E QTV Of
T'EW\E QTV APPl.lCAILE AT THE TlME Of AWCIOYAL. Of THE TENTATIVE MAl HAY£ a££""
COW\.I EO WITH. ANO THAT I AM SAnSflfO THAT Tl-flS MAl I S TECHNICAU.Yt()lmfCT
wtn11l£5PECT TO ctT'Y QECOClOS
0 AY1D I RAGlAND, LS 5173
UC EXP 6 /l0/17 ON BEHALF Of M
CTTY ENGfNfER OF TEMPLE CTTY
CITY CLERK'S CERTIFICATE .
DATE
I HfQEIVCE'Rm=Y THAT TWE CITY COUNCU. Of n.E CTTY Of TEMPLE CTTY I V MOTION
'AS5EO ON -""lOVED THE ATTAOE'DM/ol
CITY a.£Q( .. crTV Of TEMfU CTTV
PLANNING CO MM ISSION CERTIFICATE:
I H£QE8'1 CERTI FY THAT fl-.jf TENTAnVE MAP FOR; THE SUBDIVISION SHOWN ON TWIS MAi
WAS APfiAOVEO AT A MEETING OF T'HE "-ANNING COMMI SSrc>N Of THE CITY OF ltMPL£
CITY HELD ON TME 10fl-.j OAV OF FEIQVARY l015
OlClfCTOQ Of COMMUNflY
DEVElOI'MENT -CITY Of TEMPlE CITY
DATE
SPECIA L ASSESSMENTS CERTI FICATE :
I H£REIY CE ATIFV THAT ALL SPECI AL ASSESSMENTS LEVIED UNDfA THE
JVRISDICTION Of THE CITY Of TfMI'LE CITY TO WHlCH THE LA ND INQ..UOED rN THE'
WITHIN SUBOlVlSION 0A AI'N PAttT THE RE OF IS SUIJECT. AND WHICH MAY i E PAlO
IN fUU, HAVE IEENPAID IN fUU
SOILS REPORT NOTE .
A SOU.S CI:EPOCI:T ON THIS PCIOP£ATY HAS IEEN~EPAREO IY T K.. ENGINffR~ COQI
DATED 1\JN€ lO, 2015 ENTITl.ED PREUMINACI:Y SOU..S EN6INEERIN& tmfSTUA TI()tl.l
llf'OQT l'qOJECTNO I!H •ZF I S ON ffiE WIT'H n.t( CtTV Of TEMP\£ CITY
DEVE\.Of'MENT sERVICES t)£PAA TM(NT
THIS MAP IS AP9ROVED AS A "MINOQ: l.ANt> DIVISION • FOA TWO llESIDENTIJ.l. PA~S
I HE.RUYC'ER TlfV fl-.jAT SECVRtTV IN 11*' AMOUNT Of $ HAS IEEN
fli.ED WITH mE EXECUTI VE OFFlC'Ell: JOACI:D Of ~V1SOAS Of nE COVNTY Of LOS
~S AS SECURfTY FOR l).{E PAYMENT Of TAXES AND SPECIAL ASSESSMENTS CCIU..ECTED
AS TAXES ON THE LAND SHO'NN ON MAl Of PARCEl M.AP NO 7 J05l AS REQVIQEO IYL.AW
EXECVn VE OffiCER, BOARD Of SIJIIIECI:VISOCIS Of
nE COVNTY Of LOS ANGElES STArt OF CAUf'OilNtA
IV -----,D;:;Eo;:PV:;;TV;;;----
DATE ____ _
SCALE · 1": 30' SHEET 2 OF 2 SH EETS
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IN THE CI TY OF TEMPLE CITY , COUNTY O F LOS ANGELE S
S TATE OF CALIFOR NIA
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()~FEET WI DE POe.£ LINE Of SOVTHE~ CAUfOIWIA TELEPHONE:
COMPA~ A CORPOQAnON IV DE£0 Q.ECOROEDMAI:to-t Z7 . 1939
tN IOOIC 16509 PA'f 95 Of OR •to QEMAIN'
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INDI CATES THE 80\.INDAAV Of THE L...ANO
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WIC>f). SHOWN AS 5 69.59'00"" EON MAP Of Ttl: ACT NO
,904,/IU 80·7 4·75
} lNOICATES RECOAD DISf PER ~CT NO 591)4, M8 10·74·75