HomeMy Public PortalAbout08) 7D Final Map Approval for Parcel Map No. 72265 4857 Arden Drive,-----------------
AGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: March 15 , 201 6
TO : Th e Honorable City Council
FROM: Bryan Cook , City Manager
Via : Micha e l D. Forbes , AICP , Community Development Dire ctor ~
By : Adam Gulick, Associate Plann e r
SUBJECT: FINAL MAP APPROVAL FOR PARCEL MAP NO. 72265 , A 4-UNIT
CONDOMINIUM SUBDIVISION OF AN EXISTING PARCEL LOCATED AT
4857 ARDEN DRIVE
RECOMMENDATION:
The City Coun ci l is requ est ed to :
1. Recei ve th e Subdivis ion Improvement Agree ment (Attachm ent "A");
2 . A p prove th e final subdivi sio n map for Parce l Map No . 722 65 ;
3 . Auth o ri ze th e City Manag er to execute the Subdivision Improv ement Agre ement ;
and
4. Author ize th e City Clerk to ce rtify Parcel Map No . 72265 .
BACKGROUND:
1. On May 12 , 2013 , the City received the application proposing a condominium
developme nt for th e property located at 4857 Arden Drive. The site cons ists of one
lot zoned R-2.
2 . On July 16 , 2014 , the appl ication was deemed complete .
3. On September 9 , 2 014 , at a noticed public hearing , the Planning Commission
rev iewe d and approved th e s ubdivision .
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City Council
March 15 , 2016
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4 . On November 12 , 2015, the developer paid security deposits to guarantee street
improvements required for the project.
5 . On January 8 , 2016 , the developers signed and submitted the Subdivision
Improvement Agreement.
6. On February 3, 2016 the County of Los Angeles Fire Department approved the
Final Map .
7. On March 7, 2016, the City Engineer (Transtech) advised the City that the final
map prepared for the project was approved from a technical stand point.
ANALYSIS:
The tentative map for the project was approved in 2014 . The project is consistent with the
land use designation of the site and with the City 's development standards. The final map
has been reviewed and signed by Transtech , who certifies the map for technical accuracy
and compliance with the Subdivision Map Act. The developer has signed the required
Subdivision Improvement Agreement and paid security deposits necessary for the
required street improvements . Approval of the final map will allow the developer to finalize
the subdivision map and start construction .
CITY STRATEGIC GOALS:
Approval of final Tract Map No. 72265 will further the City's Strategic Goal of Economic
Development.
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
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from reco rding fees
pursuant to Cal. Gov. Code§ 27383)
CITY OF TEMPLE CITY
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Te mpl e City, Ca lifornia 91780
ATTACHMENT A
THIS SPACE FOR RECORDER'S USE ONLY
SUBDMSION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
HASPREET, INC,
a California corporation
DATED DECEMBER 28, 2015
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SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 72265
This Subdiv ision Improvement Agreement ("Agreem ent") is entered into as of thi s 28 th
day of December, 2015 by and between the City of Temple City, a municipal corporation ("City")
and HASPREET, INC ("Developer"). City and Developer are sometimes he reinafter individually
referred to as "Pa rty" and hereinafter collectively referred to as the "Parties ."
RECITALS
A. Developer has s ubmitted to City an a ppli cation 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. 72265. On September 9, 2014, the
City conditionally a pproved Parce l No . 72265.
B . Developer has not co mpl eted all of the work or made a ll of the Public
Improvements required by the Subdivis ion Map Act (Government Code sections 66410 et seq.),
("Map Act") the City Ordinances, the conditions of approval for Parcel No. 72265 , or other
ordinances, re so luti o ns, or policies of City requiring c o nstruction of improvements in conjunction
w ith the s ubdivision of land.
C. Pursuant to City Ordinances and the app licable prov1s1ons of the Map Act,
Developer and C it y enter int o this Agreement f o r the time ly construction and comp letion of the
Public Improvements and the furn ishing of the security therefor, acceptab le to the City Engineer
and C ity Attorney, for Parcel No. 72265.
D . City has authority to enter into thi s Subdivision Improvement Agreement pursuant
to Government Code Sections 66499 -66499.10.
E. Purs uant to Government Code Section 66499 , Developer's execution o f this
Agreement and the provision of the security are made in consideration of City's approval of the
final map for Parcel No. 72265.
DEFINED TERMS
"Developer" shall mean HASPREET INC., a California Corporation. The term "Developer" shall
also include a ll ass ignees, 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 leg al and/or equitable inte rest in the Property.
"Estimated Costs" shall mean the City Engineer 's approx imation of the actual cost to construct
the Public Improvements, incl uding the replacement cost for a ll land scaping.
"Litigation Expenses" shall mean all costs and expen ses, to the extent rea sonable in amount,
actually and necessarily in curred 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, exhib it production costs, special media rental costs, attorneys' fees, fees for investigators,
witness fees (both lay and expert), travel expenses, depos ition and t ran sc ript costs and any other
cost or expense, t he award of which a court of competent juri sdiction may de termine to be just and
reasonable.
"Map Acf' shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
"Prop erty" shall mean t he all of t he real pro perty contained within the boundaries of Parcel Map
No. 72265 located in th e City of Temple City, Ca liforn ia, as is more particularly described in the
legal description and parcel diagram attached hereto and in corporated hereby by reference at
Attachment "A".
"Public Improvements" sha ll include, but not be limited to, all grad in g, road s, streets, pav ing,
curbs and g utters, s idewalks, paseos, pathways, tr ail s, sanitary sewers, utiliti es, storm drain s,
dete nti o n and retention bas in s and other drainage facilities, traffic controls, lan d scaping, street
ligh ts and all other faci liti es requ ired to be constructed and dedicated to the City or other public
entity as conditions of approval of Tentative Parcel Map No. 72265 and as s hown in detail on the
plan s, and s pecification s whi ch h ave been appro ved by the C ity and incorporated into P ar cel Map
No. 72265. The Parties agree that the Public Improveme nts to be completed by Developer are
more s pecifi ca ll y de scribed in the diagram or plan attached he reto and incorporated herein by
reference as Attachment "B . Notwithstanding, Attachment "B", Deve lo per s hall remain o bli gated
t o construc t a nd compl et e a ll of the Public Improvements required as cond ition s of approval for
Tentative Parcel Map 72265.
"Required Insurance" shall mean th e ins urance required to be maintain ed by Developer under
Section 17.
"Security" shall m ean surety bonds in the amounts and under the t erms of Section 12 or other
secur ity a pproved by C ity E ng in eer o r City Attorney.
"Parcel No 72265." shall mean the final map prepare d and approved by the City for ten tati ve
p a rcel map no . 72265.
"Warranty" shall mean the o ne-year period foll ow ing completion of th e Public Improvements by
D eveloper and the acceptance of the Public Improveme nts by the Ci ty in which D eveloper warrants
and g uarantees a ll Public Improvements.
OPERATIVE PROVISIONS
NOW , THEREFORE, in cons ideration of th e mutual promises and covenants made by the
parti es a nd contained he re an d other consideration, th e va lue a nd adequacy of which are he re by
acknowledged, th e parti es agree as follows:
1. EFFECTIVENESS. This Agreement sha ll not be effective un less an d until a ll
four (4) of the following cond iti ons a re satisfi ed in the o rd e r prov id e d :
1.1 Security. Deve loper provides C ity with the S ecuri ty ofthe type and in the
am o unts required by thi s A gr eement;
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1.2 Final Ma p and Agreement Approval. The City Council of the City ("City
Council ") approves the final map for Parcel No. 72265 and this Agreement;
1.3 Record Agreement. Developer and City execute the Agreement and City
records this Agreement in the Recorde r's Offi ce of the County of Los Angeles; and
1.4 Record Final Map. Developer reco rd s the final map for Parce l No . 72265
in the Recorder 's Office ofthe County of Los Angeles.
If the above described cond iti ons are not sa ti s fi ed in th e order, manner and within the time
provided under this Agreement, this Agreement shall au tomatically terminate without need of
further action by eith er C ity or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at
its own cost, expense, and liability the Publi c Improvements, as defi ned herein, within the time
and in th e manner requ ired under thi s Agreement. Co nstruction ofthe Public Impro ve ments shall
include any trans itions and/or other in ci dental wor k deemed nece ssary for drainage or public
safety. The Deve loper shall be re sponsibl e for the re pla cement, relocat ion, or removal of any
compone nt of a ny irr igation water or se wer sys tem in co nflict with th e constru cti on or in stal lati on
o f the Public Imp rove ments. Suc h repla ce ment, relocation, or removal shall be performed to the
complete sati sfaction of the C ity Eng in ee r and the ow ner of such water or sewer sys tem.
Deve loper further promi ses and agrees to provide a ll eq uipm e nt , too ls, mater ial s, labor, tests,
des ign wo rk, and engin ee rin g se rvices necessa ry or required by Cit y to fu lly and adequate ly
co mple te the Pub li c Impro veme nt s.
2.1 Prior Partial Construction of Public Improvements. Where construct ion
of any Public Improvements has been partiall y co mpl eted pri or to this Agree ment, Developer
agree s to compl ete such Publi c Improve ment s or assure their completion in acco rdan ce with this
Agreement.
2.2 Permits; Notices; Uti lity Sta tements . Prior to com mencin g any work,
Deve lope r sha ll , at its so le cost, ex pen se, a nd liabili ty, obtain all necessa ry permits and approva ls
and g ive a ll necessary and in cid enta l noti ces required for th e lawful construction of the Public
Impr ove me nt s and performan ce ofDevelope r's obli ga ti ons under this Agreement. Deve lope r sha ll
conduct the work in fu ll comp li ance with th e re gulati ons, rul es, and other requirem ent s containe d
in any permit or approva l iss ued to Deve loper. Pri or to co mm enc in g any wo rk , Deve loper sha ll
file a wr itt e n statement with th e City C lerk and th e Ci ty Engineer, s igned by Developer and eac h
utilit y which wi ll provid e utility se rvice to the Propert y, attest in g that Deve loper has made all
depo s its legally required by the utili ty for th e ex ten sion and pr ovision of utility service to the
Pr operty.
2.3 Pre-approval of Plans and S pecification s. Deve loper is pro hi bited from
comme ncing wo rk on any Publi c Improvement until all plans and specification s for such Public
Imp rovement have been submitted to and approved by the C ity Engineer, or hi s or her designee .
Approval by the City Engi neer sha ll not re li eve Dev e lop er from ens urin g that all Public
Imp roveme nt s co nform with all other requirements an d sta ndard s se t forth in this Agreement.
2.4 Quality of Work; Comp liance With Laws and Codes . The construct ion
plans and spec ifi ca ti ons for the Pub lic Impr ovements sha ll be prepared in accordance with a ll
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appl icable fed eral, state a nd local la ws, o rdinances, reg ul ati ons, codes, standards, and o ther
requirements. T he P ubli c Improvements sha ll be compl eted in acco rd ance w ith a ll approved m a ps,
p la ns, s pe c ific a ti o ns, stand ard drawi ngs, and speci al amendments thereto o n file with C ity, as well
as all appli cabl e federal , state, and loca l laws, o rdin ances, reg ul a ti ons, codes, stand ards, and o th er
requirements app li cab le at the time work is actuall y commenced.
2.5 S tandard of Performance. Develo per and it s co ntracto rs, if any, s hall
perform a ll work re quired to constru ct the Public Improvements und er th is Agreement in a ski llful
and workmanl ike manner, and consistent w ith the standards generall y re cogni zed as being
em ployed by professional s in the sam e di sc ipline in the State of Cali forn ia . Developer represents
and maintains that it or its contractors sha ll be skilled in th e professional ca llin g necessary to
perform th e work . Developer warrants that all o f its emplo yees and contracto rs s ha ll have
s uffi c ie nt s kill and ex pe ri ence to perform th e work assigned to them, and that they shall have a ll
li cen ses, pe rmi t s, qualifi cati ons and approva ls of whateve r nature that a re legall y requ ir ed to
perform th e wo rk, a nd that s uch licenses, permi ts, quali fications and a pp rova ls shall be maintai ned
thro ug h o ut the term ofthi s Agreement.
2.6 A lteration s to Improvements. A ll work s ha ll be done a nd impr ovements
m ad e and comp let ed as shown o n appro ve d plans and s pec ifications, and any subsequent
a lterati ons thereto . If durin g the co urse o f constructio n and in stallatio n of the Pub li c Improvements
it is determined that the public interest requires a lt erations in the Public Im provements, Developer
shall undertake s uc h des ig n and construction changes as may be rea so nabl y required by C ity . Any
a nd a ll a lterati ons in the plans and s pecifi cati o ns and the P ubli c Improvements to be complete d
may be accomplished without g iv ing prior notice thereof to Developer's s urety for thi s Agreement.
2 .7 Other Obligations Referenced in Conditions of Tentative M ap
Aooroval. In addition to the fo regoing, Developer shall sati sfy a ll of the co nditi o ns of approval
o n th e tentative map fo r th e Property. T he cond itions of a pprova l w hich have not been satisfied
prior to the date of thi s Agreemen t are identifi ed o n Exhi bit "D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
C ity s ha ll not be re s pons ible o r liab le for the maintena nce or care of the Pub lic Improvements until
C ity formall y approves and accepts them in accordance w ith it s po li cies and procedur es . Ci ty shall
exerci se no contro l over t he Public Improve ments unti l a pproved a nd accepted . Any use by any
pe rson of the Pub lic Improvements, or any porti o n th e reof, shall be at t he so le and exclu s ive ri sk
of the D evelop er at a ll times prior to C ity 's acceptance of the Publi c Improvements. D eve loper
s hall m ainta in a ll the Publ ic Im provements in a state o f good re pa ir un t il they are compl eted b y
Deve lo pe r and a ppro ved and accepted by C ity, and until the securi ty for the performance of thi s
Agreem ent is re leased . Maintenance sha ll inc lu de, but shall not be limi ted to, repair of paveme nt,
curbs, g utters, sid ewa lks, s ign a ls, parkways, water ma in s, and sewers; maintaining a ll la ndscapin g
in a vigo rou s a nd thr iving co nditi o n reaso nabl y accep tabl e to C ity ; re moval of d e bri s fro m sewers
and storm drains; a nd sweepin g, re pa irin g, and maintain in g in good and safe condit ion a ll streets
and street improvements . It shall be Developer 's responsibility t o initiate all maintenance work,
but if it sha ll fail to do so, it shall promptl y perform such mainte nance work w hen not ified to d o
so by C ity. If Developer fails to pro perly pro secut e it s mai nte na nce o bligatio n und er this section ,
C ity may d o a ll work necessary fo r s uch ma intenance a nd the cos t thereof sha ll b e th e
respo nsib ili ty of Developer a nd its surety unde r thi s Agreemen t. City shall not be resp o ns ibl e o r
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liable for any damages o r injury of any nature in any way related to or caused by the Public
Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Un less exte nded pursuant to this Section 4.1
of this Agreement, Developer shall fu ll y and adequately complete or have co mpleted the Public
Improvements within 2 years (24 months) fo ll ow in g approval of the final map for Parcel Map
No. 72265 or prior to the final date of the construction permits, whichever occurs first.
4.1 Extensions. City may, in it s so le and absolute discretion, provide
Developer with additiona l t ime w ithin which to complete the Public Improvements. It is
understood that by providing the Security required under Section 12.0 et ~-of thi s Agreement,
Developer and its s urety consent in advance to any extension of time as may be given by City to
Deve loper, and waives any and all r ight to notice of such extension(s). Developer's acce pt ance of
an extension of ti me granted by C ity s hall constitute a wa iver by D evelo per and its surety of a ll
defe nse of laches, estoppel, statu tes of limitatio ns, and o ther limitations of action in any action o r
proceeding filed by C ity followin g the date o n which the Public Improv ements were to hav e been
completed hereunder. In addition, as consideration for granting such extensio n to Developer, C ity
reserves the right to review the provi sion s of thi s Agreement, including , but no t lim ited to, the
construction standards, th e cost estimates established by C ity, and the s uffi ciency of the
improve ment secu rity provided by Developer, and to require adju stments thereto when warranted
according to City's reasonable dis cretion.
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 Develo per has
provided the City E ngineer w ith written notice of Developer's intent to abandon or otherwise not
complete re quired or agreed up on Public Improvements.
5. GRADING. Developer agrees that any and a ll grad in g done o r to be done in
conjunctio n w ith constru ction of the Public Improve ments or dev e lopment of Parce l Map No.
72265 shall conform to all federa l, state, and local laws, ordinances, regu lations, and other
requirements, including City's gradin g regulations. A ll grading, landscaping, and construction
activities shall be performed in a manner to control erosion and prevent fl oo ding pro blems. The
C ity Engineer shall have the autho rity to require erosion pl ans to presc rib e reaso nable contro ls o n
the metho d , manner, and tim e of grad in g, land scaping, and construction activities to prevent
nuisances to s urrounding properties. Plan s s ha ll include w ith out limi tati on temporary drainage
and erosion control requirements, du st contro l procedures, restricti o ns o n tru ck and other
construction traffic routes, noi se abatement procedures, storage of materials and equipment,
removal of garbage, trash, and refuse, securin g the job site to prevent injury, and similar matters.
In order to prevent dam age to the Public Improvements by improper drai nage or other hazards, the
grading shall be compl eted in accordance with the time sc hedu le for comp letion of the Public
Improvements establi she d by thi s Agreem ent, and prior to City's approval and acceptance of the
Public Improveme nts and rel ease of the Security as set forth in Section 12 .0 et ~-of thi s
Agreeme nt.
6. UTILITIES. Developer shall provide utility services, including water, sewer,
power, gas, and telephone servi ce to serve each parcel, lo t, o r unit of land within Parcel No. 72265
in accordan ce with all appl icable federal, state, and loca l laws, rules, and regulation s, including,
but not limited to, the regulations, sc hedules and fees of the utiliti es or agencies providing such
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serv ices . Except for commercial or indu strial properties, Deve loper shall also provide cable
television fac ilitie s to serve each par ce l, lot, or uni t of land in accordance with all applicable
federal , state, and local laws, rul es, and regu la tio ns, in c luding, but not limited to , the req ui re ments
of the cable co mpany possess in g a va lid franchi se with City to pr ovi de such service within City's
jurisdictional limits . All utilities sha ll be in sta ll ed undergro und.
7. FEES AND CHARGES. Develo per shall , at its so le cost, ex pen se, and lia bility,
pay all fees, charges, and taxes arising out of con stru cti on of th e Public Improvem ent s, including,
bu t not limited to, all plan check, design rev iew, e ng in ee ring , inspection, and other service fees,
and any impact or co nne ction fees es tabli shed by City ordin anc e, resolution , reg ul ation, or policy,
or as established by C ity relative to Parce l No. 72265, or as required by oth e r governmental
agencies having juri sdiction over Parcel No. 72265 .
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Deve loper shall, at its
sole cost, expense, and li ability, and at a ll times during constructi on of the Public Improvements,
maintain reasonab le and safe fac iliti es and pr ov id e safe access for inspection by City of the Public
Improvement s an d areas wher e cons truction of the Public Improvements is occ urrin g or wi ll occ ur.
If th e C ity in spector requests it, the Devel oper at an y tim e befo re acce ptan ce of th e Pub li c
[mprovement s shall remove or uncove r such porti o ns of the fini shed wo rk as may be directed
which have not pr eviou s ly bee n in spec te d. After exa mination , the Deve lop er shall resto re sa id
porti ons of the work to the stand ar ds required hereund er. Inspecti on or s upervi s io n by the Cit y
s ha ll not be co nsidered as dire ct co ntrol of th e indi v idu al workme n on the job site. City's in spector
s hall have th e a uth o rity to stop any and all work not in acco rdance with the requirements co ntained
o r referenced in this Agree ment. The inspection of the wo rk by City sha ll not reli eve Developer
or the contrac tor of an y ob ligati ons to fulfill this Agree ment as he rein prov id ed, and un suitab le
materi als o r work may be rej ec ted notwith standin g th at such mate rial s or wo rk may have been
pr evio usly overl oo ked o r acce pted.
9. ADMINISTRATIVE COSTS. IfDevelope r fa ils to construct and install all or
any part of the Public Imp roveme nts wit hin th e time req uired by thi s Agreement, o r if Deve loper
fa il s to co mpl y wit h any other obli ga ti on contained here in , Devel oper and it s sur ety shall be jointly
and seve ra ll y liable to C it y for all admini strative ex pens es, fee s, and cos ts, including reasonable
attorney 's fees and costs, incurred in obtain ing complianc e with thi s Agree ment o r in processing
any lega l ac ti on or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS-BUlL T OR RECORD
DRAWINGS . The City Co un cil may, in it s so le and abso lute di sc reti on, accept full y com pl eted
po rti ons of th e Public Impro vemen ts pri or to such time as a ll of th e Publi c Improvements are
co mpl ete, whi ch shall not release or modify Deve loper's ob ligati on to co mpl ete th e remainder of
th e Publ ic Imp rove ment s wi thin th e tim e required by this Ag reem ent.
I 0.1 Developer's Notice of Completion. Upon the total or parti al acceptance
of the Public Improvements by City, Deve lope r sha ll file wi th th e Recorder's Office of the County
of Los Angeles a no tice of comp let ion for the accepted Publi c Imp rovements in accordance with
Cal ifo rni a C ivil Co de sec ti on 3093, at whi ch time the acce pted Publi c Improvements shall become
the so le and excl us ive pr operty of Ci ty without payment therefor.
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10.2 City Acceptance of Public Improvements . If Parcel Map No . 72265 was
appr oved and reco rded as a sin gle ph ase ma p, City shall not accept any one or more of the
impr ove me nt s until all of the Public Improve ments are co mpleted by Deve lope r and app roved by
City. Issuance by City of occupan cy permits for any buildings or stru cture s loca ted on the Pr operty
shall not be construed in any manner to constitute City's acceptance or a ppr oval of any Publi c
Improvement s.
10.3 Developer's Obligation to Provide As-Built or Record Drawings .
Notwithstanding the foregoing , City may not acce pt an y Public Impr ove ment s unles s and unt il
Developer provides one (1) set of "as-b uilt " or re cor d drawings or plans to the City Engineer for
all such Pub li c Improvem ents . The drawings shall be cert ifi ed and shall re fle ct the cond iti on of
the Public Improvements as con structed, with a ll changes incorp orated there in .
II. WARRANTY AND GUARANTEE . Devel oper hereb y warrants an d guara nt ees
a ll Public Improveme nt s against any defective work o r lab or done, or de fectiv e material s fu rni shed
in the perfo nn anc e of thi s Agreeme nt, in cludin g the mai nt enance of all land scaping wit hin the
Pro perty in a vigoro us and thrivin g co nditi on reaso nabl y acce ptabl e to City, for a peri od of one ( 1)
yea r fo ll ow in g co mpl eti on of th e wo rk and acceptance by City. During the Warranty, Deve loper
sha ll repair, replace, or reco nstruct any defective or otherw ise un sa ti sfactory portion of the Pub li c
Improv ements, in accordance with the current ordin ances, reso luti ons, reg ul ati ons, codes,
stand ards, or oth er require ment s of City, and to the approva l of the City Engine er. All repairs,
rep lace me nts, o r recon structi on during the Warr anty shall be at th e so le cost, ex pen se, and li abi li ty
of Deve lope r and its surety. As to any Publi c Improveme nt s which have bee n repaired , rep laced,
or reconstructed during th e War ranty, Deve loper an d its sur ety hereby agree to exte nd th e
Warran ty for an additional one (I) ye ar period fol low in g City 's accep tance of the repa ired ,
rep laced, or reco nstru cted Publi c Improvement s. No thing herein shall relieve Dev e loper from any
oth e r li abi li ty it ma y have und er fede ral , state, or loca l law to repair, re pla ce, or reco nstru ct an y
Publi c Improvement foll ow in g expirati on of th e Warranty or an y ex tensio n thereof. Developer's
warranty o bli gat ion und er this sec ti on shall su rvive the expiration o r tenninati on of thi s
Agreement.
12. SECURITY; SURETY BONDS. Pr ior to City 's appr ova l and execution of thi s
Agree me nt, Developer sha ll prov ide City with surety bonds in the am ount s and und er the tenn s
se t forth bel ow . T he am ount of the Sec urity shall be ba se d on th e City Eng ine er's Es tim ate d Costs.
If Ci ty determines at any tim e prior to Dev elope r's co mpl etion of the Publi c Impro vements under
Sect ion 4 [Co nstruction Sc hedul e], in it s so le a nd ab so lute discretion , that the Es timated Costs
have changed, Develop er sha ll adju st the Sec urity in the amount reque sted by C ity . Deve lope r 's
compliance w ith thi s provi sion (Sec tion 12.0 e t ~.)s h all in no way limit or modi fy Dev e loper 's
ind emnifi catio n obligati on pr ovided in Sec ti on 16 .0 of thi s Agreement.
12.1 Performance Bond . To g uarantee the faithful perfo rmance of th e Public
Improve ments and al l th e pr ovis ions of thi s Agree ment, to protect City if Deve loper is in default
as set fort h in Secti on 18 .0 et~. ofthi s Agreem ent, and to sec ur e Dev e loper 's one-year guarantee
and wa rranty of the Pu bl ic Improvemen ts, in c lu ding the maintenance of all land sca pin g in a
vi go rou s and thriving condition , Deve lo per sha ll prov ide City a faithfu l performan ce bon d in th e
amount of seventeen th ousan dseve nhundredten ($17. 7 1 0), whi ch sum shall be not less than one
hundr ed perce nt (100%) of the Est im ated Cos ts.
Page 7 of 15
------·---·----------------------------------------------
12.2 Partial Release. The City Counci l may, in its sole and absolute di scretion
and upon recommendation of the C ity Engineer, partially release a porti on or po rti o n s of the
Security provided under thi s section as the Public Improvements are accepted by City, provided
that Developer is not in defa ult on a ny provi s io n of thi s Agreement or conditi o n of approval for
Parcel Map No. 72265, and the total remaining Securi ty is no t less than twenty-five percent (25%)
of the Est imated C os ts . All Security provided under this section s hall be re leased at the end of the
Warranty period, or any extension thereof as provided in Secti on 11.0 ofthis Agreement, provided
that Developer is not in default on any provisio n of this Agreement or condition of approval for
Parcel Map No. 72265.
12.3 Labor & Material Bond. To secure payment to the contractors,
s ubcontractors, laborers, material men, a nd other perso n s furnish in g labor, materials, or equipment
for performance of the Public Improvements and thi s Agreement, Developer shall provide City a
labor and materials bond in th e amount of seventee nth ou sand sevenhundre dte n C$17, 7 1 0). which
s um shall n o t be less than one hundred percent (100%) of the Estimated Costs. T he Secu rity
provided under thi s section may be re leased b y written authorization of the City Engineer after s ix
(6) months from the date City accepts the final Public Improvements. T h e am ount of such Security
s hall be reduced by the total of all stop notice or mechanic 's lien c laims of w hi ch City is aware,
plus an amount e qual to twenty percent (20%) of such c laims for reimbursement of City's
anticipated administrative and legal expen ses ar isi ng out of s uch claims.
12.4 Additional Requirements. The s urety for a ny surety bonds provided a s
Security shall have a current A.M. Best's rating of no less than A: VIII, be a bank or insurance
company licensed to tran sact s urety bu s in ess in Califo rnia, and shall be sati sfactory to City. As
part of the ob li gation secured by the Security and in addition to the face amount of the Security,
the Developer o r its s ur ety shall secure the costs and reaso n able expenses and fees, including
reasonable attorney's fees and costs, in curred by City in enforcing the obli gations of this
Agreement. The Developer and its surety s tipulate and agree that no change, extension of time,
a lteration, or additio n to the terms of this Agreement, the Pub li c Improvements, or the plans and
s pecifications for the Public Improvements shall in any way affect its obligation on the Security.
12.5 Form of Security . T he ev id ence of the Security s hall be provided on the
form s set forth in Attachment "C", unless other forms are deemed acceptable by the City Engineer
a nd the City Attorn ey, and when such fo rm s are comp leted to the sati sfactio n of City, the forms
and evidence of the Security shall be attached hereto as Attachment "C" and incorporated he rein
by this reference.
12.6 Developer's Liability. While no action of Developer shall be required in
order for City to realize on its security under any Security instrument, Develope r agrees to
cooperate with City to facilitate City's realization under any Security ins trument, and to take no
action to prevent C ity from such realization under a ny Security in strument. Notwith standing the
giving of any Secu rity in strument or the subsequent expiration of any Security instrume nt o r any
failure by any s urety or financial instituti o n to perfonn its o bligatio n s with re s pect thereto,
Devel oper s hall be personall y liable for perfo rmance under thi s Agreement and for payment of the
cost of the labor a nd materials for the improvements required to be constructed or in stalled he reby
and shall , w ithin ten (l 0) days after written demand therefor, deliver to City such substitute
Security as City shall require sati sfying the requirements in thi s Section 12.
Page 8 of 15
13 . MONUMENT SECURITY. Prior to City's execution of this Agreement, to
guarantee payment to the engineer or surv eyor for the setting of all subdivision boundaries, lot
corners , and street centerline monuments for Parcel Map No. 72265 in compliance with the
app li cable provis ions of City's Municipal and/or Development Code ("Subd ivision Monuments"),
Developer shall deposit cash with City in the amount of Zero Dollars ($0), which sum shall not
be les s than one hundred percent (100%) of the costs of setting the Subdivision Monuments as
determined by the City Engineer. Sai d cas h depo sit may be released by written authorization of
the City Eng in eer afte r all required Subdivi sion Monuments are accepted by the City Eng ineer,
City has received written acknowledg ment of payment in full from the engineer or surveyor who
set the Subdivision Monuments, and provided Developer is not in default of any provision ofthi s
Agreement or conditio n of approva l for Parcel Map No. 72265.
14. LIEN. To secure the timely performance of Developer's ob li gat ions under this
Agreement, inc ludin g those obl igations for which sec urity has been provided pur s uant 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 ot her governmenta l agency for a public
purpo se. As to Develop er 's default on those obligations for which securi ty has been provi ded
pursuant to Sections 12 .0 et seq. a nd 13.0 of th is Agreeme nt , City shall first attempt to collect
against such securit y prior to exercis in g it s rights as a contract li enho ld er und er thi s sec ti on .
15 . SIGNS AND ADVERTISING. Developer understands and agrees to City's
ordinan ces, reg ulation s, and req ui re ment s governi ng s igns an d adverti sin g structures. Developer
hereby agrees with and co nsents to the s ummar y removal by City, without notice to Deve lope r, of
all signs or other advertising structures erected, placed, or situated in vio lation of any City
ordinance, regulation, or other requireme nt. Removal shall be at the expense of Developer and it s
s urety . Developer and it s surety shall ind emni fy and hold City free and harml ess from any claim
or demand ar ising out of or in c id ent to signs, advertising structures, o r th eir removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmle ss
C ity, its elected officia ls, officers, emp loyees, and agents from any and all actua l or a ll eged c lai ms,
demands, causes of action , li abi lity, loss, damage , or injury, to property or per so ns, inclu din g
wrongful death , whether imposed by a court of law or by administrative actio n of any federal,
state, or local governmental body or agency, arising out of or incident to any acts, omissions,
negligence, or willful misconduct of Developer, its perso nnel, emp loyees, age nt s, o r co ntractors
in connect ion with or arising out of co nstru cti on or maintenance of the Public Improve ment s, or
performance of this Agreement. This indemnification includes, without lim itat ion, the payment
of a ll penalties, fines, judgments, awar ds , decrees, attorneys' fees, and related costs or expenses,
and the reimbursement of City, its elected offic ials, officers, employees, and/or agents for all legal
expenses and costs incurred by each of th em. Th is indemnification excludes only such portion of
any c laim , demand , cause of act ion, liabili ty, loss, damage, penalty, fine , o r injury, to property or
persons, including wrongful death , whi c h is caused so le ly an d exclu sive ly by the gross negligence
or wi ll fu l misconduct of City as determined by a court or admini strative body of competent
jurisdiction. Developer 's obligation to ind emnify City sha ll survive the expiration or termination
of this Agreement, and shall not be restricted to in s urance proceeds, if any, received by City, its
elected officia ls, office rs, emp loyees, or agents.
Page 9 of 15
17 . INSURANCE.
17 .1 Types; Amounts. Developer shall procure and maintain , and shall require
it s contract ors to procure and maintain, durin g construction of any Public tmprovement pu rsu ant
to this Agreement, in su rance of the types and in the amo unt s descr ibed below. If any of the
Required Insurance contain s a general agg re gate limit, such insurance shall apply separately to
this Agreement or be no less than two times the s pecified occurrence limi t.
17.1 .1 Genera l Liability. Developer and it s contractors shall procure and
ma intain occurrence vers ion general liability insurance, or equiva lent fo rm , with a combined single
limit of not Jes s than $3,000,000 per occur rence for bodily injury, personal injury, and property
damage.
17.1 .2 Bu siness Automobile Lia bility. Developer a nd its co ntractors s hall
procure and maintain business automo bil e li a bili ty in surance , or equ iva lent fonn, wit h a com bin ed
si ng le lim it of not less than $1,00 0,000 per occu rr ence. Such insurance shall in clud e coverage fo r
the ownershi p, operat ion , maintenance, use, loadin g, or unload in g of any vehi cle owned, leased,
hired , or borrowed by th e in su red or fo r whi ch the in sured is re spons ible .
17.1.3 Workers' Compensation. Developer and its contractors shall
procure an d maintain workers' com pensa ti on insuran ce w ith limits as req uir ed by the Labor Co de
of th e State of Ca lifornia and empl oye rs ' liability in suran ce with limits of not le ss than $1,000,000
per occurrence, at a ll time s during which in sured retains emplo yees.
17.1.4 Professional Liability. Fo r any consultant or ot her professiona l
who will enginee r or des ig n the Pub li c Improve ment s, li ability in sur ance for errors and omissio ns
with limits not less than $1,000 ,000 per occ urren ce, shall be proc ur ed and maintained for a period
of five (5) yea rs fo ll owing completi on of th e Public Impr ove ment s . Suc h insurance sha ll be
end orsed to incl ud e co ntr actual li ab ility.
17.2 Deductibles . Any deductibl es or se lf-in sur ed retenti ons mu st be declared
to and approved by C ity. At th e o pti on of City, eit her : (a) the in sur er shall redu ce or e lim inate
s uc h deductibles or se lf-in sured re te ntion s as respects Ci ty, its e lected offi cia ls, office rs,
e mpl oyees, agen ts, and vo lun teers; or (b) Deve lope r and it s co ntr acto rs shall provide a financial
guaran tee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims , and ad mini strative and defense ex penses.
17 .3 Additional Insured; Separation of Insureds . Th e Required In surance
sha ll name C ity , its e lected officia ls, office rs, empl oyees , agent s, and vo lunteers as add itional
in s ure ds with re spec t to work perfonned by or on behalf of Developer or its co ntractors, includin g
ma teria ls, parts, or equipm e nt furni shed in co nn ec ti on th erew ith. The Required In suran ce shall
contain standard se par ati o n of in su red provi sions, and shall contain no s pec ial limi tation s on the
scope of its protection to City, it s e lected offic ia ls, officers, empl oyees, agents, and volunteer s.
17.4 Primary Insurance; Waiver of S ubrogation. The Required In surance
shall be primary with re spect to a ny insuranc e or se lf-in suranc e pro gram s cove ring C ity, its e lected
offi c ia ls, officers, employees, agents, and volunteers. All po li cies fo r th e Required Insurance sha ll
prov id e that the in suran ce company wa ives a ll ri ght of recove ry by way of subr ogati on against
City in con nection with any damage or harm covered by such poli cy.
Page 10 of 15
17.5 Certifica tes; Verificatio n. Developer and its contra ctors shall furnish City
with origin a l ce rtificate s of in sur ance and end orse ment s effec tin g cove rage for the Required
In s uranc e. T he cert ific ates and end orse ments for each in suranc e poli cy shall be signed by a perso n
authorized by that in s urer to bind coverage on it s beha lf. All certificates an d en dorsements must
be received and appro ved by City befo re work pursuant to th is Agreement can beg in. City reserves
th e right to require complete, cert ifi ed co pi es of all required in sura nce po li cies, at an y time .
17.6 Term; Cancellation Notice. Developer and its co ntractors sha ll mainta in
th e Require d Insurance for the term of thi s Agreement and shall replace any certificate, policy, or
end o rse ment whic h will expi re prior to that date. All policies shall be endo rsed to provide that the
Required Insura nce shall not be s uspended , voided, reduced, canceled, or all owed to exp ire except
on 30 days ' prior writte n not ice to City.
17.7 Insurer Rating. Unl ess approve d in writin g by City, all Required
Insurance shall placed wi th in surers li ce nse d to do business in th e State of Cali fo rni a and with a
c urrent A.M . Bes t ratin g of at least A:Vlll .
18 . DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Deve lo per neglects, refu ses, or fail s to fu lfill or timely complete
any obl iga tion , term , or conditi on of thi s Agreement, o r if C ity dete rm ines there is a violati o n of
any fede ra l, state, or loca l law, ordinance, regul ati on, code, stand ard , or other requireme nt, City
may at any ti me thereafter dec lare Deve loper to be in default or vio lation of thi s Agree ment and
make writte n de mand up on Developer or it s sur ety, or both , to imm ediately remed y the defa ult or
vio lati on. Deve lo per sha ll commence the work re quir ed to remedy the defa ult or violation wit hin
ten (10) days of the writte n demand fro m th e City . If the defau lt or violation co nstitutes an
immedi ate threat to th e publi c hea lth , sa fety, or we lfare, City may provide the de mand verba ll y,
and Deve loper shall co mm ence the req ui red work wit hin twenty-four (24) hour s thereof.
Imm ediate ly up on City's issuan ce of the demand to remed y th e default , Developer and its sure ty
sha ll be liable to C ity for a ll costs of co nstru cti o n and in sta ll ati on of the Publi c Improvements and
a ll other admini strativ e costs expenses as provid ed fo r in Sec tion 9.0 of thi s Agreem ent.
18.2 Fa ilure to Remedy; City Action . If th e wo rk requir ed to rem ed y the
noticed default or vi olati o n is not d ilige ntl y prosec ut ed to a subs tantial co mpl eti o n acceptab le to
City wit hin a reaso nab le time des ignated by the City, C it y may co mpl ete all remainin g wo rk,
arrang e fo r th e co mpleti on of a ll remainin g work , and/or co ndu ct such remedial activ ity as in it s
sole and abso lute di scretion it be li ev es i s requ ired to remedy th e defa ult o r violation. All such
work or remed ial activ ity s ha ll be at the sole and absolute cost, ex pen se, an d liabili ty of Deve loper
and its s urety, without the necessity of giving an y further notice to Deve loper or surety. City's
right to take s uch act ions s hall in no way be limited by th e fact that Deve loper o r its surety may
have constru cted any, or none of the requir ed or agreed up on Public Improvements at th e ti me of
C ity's deman d for performance . In the event City elects to co mpl ete or arrange fo r comp letion of
the remainin g wo rk and improvements, City may require a ll work by Develo per or it s su rety to
cease in o rde r to all ow adequate coo rdinati on by C ity. Notw ith stand ing th e fo rego in g, if
condit ions prece dent for reve rs ion to ac reage ca n be met and if the int erests of C ity will not be
pr ej udi ced thereby, City may a lso process a r eve rs ion to acreage and thereafter recove r from
De ve loper or its s urety the full cost and expense in curred.
Page 11 of 15
18.3 Other Remedies. No action by City pursuant to Section 18.0 et ~·of thi s
A greement s hall prohibit C ity fro m exercis in g any other right o r pursu in g any other legal or
equitab le remed y availabl e und er this Agreement or any federal, state, or local law. C ity may
exercise it rights a nd remedies independently or cumul ati ve ly, and C ity may pursue inconsistent
remed ies. C ity may in stitute an action for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19.1 Authoritv to Enter Agreem en t. Each Party warrants that the in dividual s
who have s igned 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 coopera te with o ne
another, and s hall take any additional acts or s ig n any additio nal d ocum ents as may be necessary,
appro pri ate, or convenient to attain the purposes of thi s Agreeme nt.
19 .3 Construction; References; Captions. It being agreed the Parties or their
age nts have partici pated in the preparation of thi s Agreement, the lan guage of this Agreement shall
be construed simp ly, according to its fair meaning, an d not strictly for o r aga inst any Party . Any
term referencing time, days, o r peri o d for pe r formance shall be deemed calendar days and not work
days. All references t o Developer include all personn el, e mployees, agents , and subcontractors of
Developer, except as o th e rw ise s pecified in thi s Ag reement. All re ferences to C it y includ e it s
elected officia ls, officer s, employees, agents, and vo lunteers except as o th e rwi se s pecified in this
Agreement. The captions of the vario us articles a nd paragraphs are for conven ie nce and ease o f
reference o nl y, and do not define, limit, a ugment, or de scribe the scope, co ntent, or intent of thi s
Agreeme nt.
19.4 Notices. All notice s, demands, in voices, and written communica ti ons shall
be in writ in g and delivered to the follow in g a ddresses o r s uch other addresses as the Parties may
des ign ate by written notice :
CITY:
City ofTemple C ity
Attn: Bryan Cook, C ity Manager
970 1 Las Tunas Drive
Temple City, Califo rnia 91780
DEVELOPER:
Has preet Inc
Attn: Preeti P. S hah
143 W Camino Real Ave
Arcadi a, 9 1 007
Depending up o n the meth o d o f tr ans mitta l, noti ce s hall be deemed re ceiv ed as fo ll ows: by
fac s imil e, as of the date and time sent provid ed t he or ig inal is contemporaneous ly deposited w ith
United States Postal Service and delivered by regul ar mail; by messenge r, as of the date delive red ;
and by U.S . Mail first cl ass postage prepaid, as of72 hours after d e pos it in the U.S. Mail.
Page 12 o f 15
19.5 Amendment; Mod ification . No supp lement, modific ation, or amendment
of this Agreemen t sha ll be bindin g un less exec uted in wr iting and signed by both Parties.
19.6 Waiver. C ity's fa ilu re to in sist upon strict co mpli ance with any pr ovisio n
of thi s Agreemen t o r to exercise any rig ht or privilege provided he rein, or City 's waiver of any
breach of thi s Agreement, shall not reli eve Deve loper of any of it s obligati ons under this
Agreement, whether of th e sam e or simi lar type. The foregoing s hall be true wheth er City's actions
are in tentional or unintenti onal. Deve loper agrees to wa ive, as a defe nse , co untercla im or set off,
an y and all defects, irre gulari ti es or defic iencies in the autho ri z ation , execution or performance of
the Pu bl ic Improvements or this Agreeme nt , as well as the laws , rul es, regul ation s, ordinances or
re sol utions of Ci ty with regard s to the auth orizati on, exe cution or perfo rm ance of the Pub l ic
Improvements or thi s Agreeme nt.
19.7 Assignment or Transfer of Agreement. Deve lope r s hall not assig n,
hypoth ecate, or transfer, e ithe r dir ec tly or by operati on of law , thi s Agree ment or any interest
he rein wit ho ut prior writt en consen t o f City. An y attemp t to do so sha ll be nu ll and void , an d any
ass ignee, hyp othecatee, or transferee shall acqu ire no ri gh t or inte res t by reaso n of such attempted
ass ignment, hypoth ecati on, or transfer. Unl ess spe cifi ca ll y stated to the co ntrary in City's written
co nse nt, any assignm ent , hypothecat ion, or tran s fer sha ll not rel ease or di sc harge Devel oper from
any dut y or responsibili ty und er th is Agreement.
19.8 Binding Effect. Eac h and all of the covenants and co nditi ons shall be
binding on and sha ll inu re to the ben efit of th e Pa rtie s, and their successo rs, hei rs, perso nal
represe ntati ves, or assign s. Th is sect ion shall not be co nstrued as an aut horizati on fo r any Party
to ass ign any ri ght o r o bli gati on.
19.9 No Th ird Party Beneficiaries. The re are no inte nd ed third party
beneficiaries of any right or obli ga tion ass um ed by the Partie s.
19.1 0 Invalidity; Severability . If any portion of thi s Agree ment is dec lared
inv al id , ill ega l, or othe rwi se unenforceable by a co urt of co mpetent j ur isd ict ion , the rema inin g
provis io ns shall co ntinu e in full force and effect.
19.11 Consent to Jurisdiction and Ve nue . Th is Agreemen t shaH be co nstrued
in accordance wi th a nd gove rn ed by th e laws of the State of Ca liforn ia. Any lega l action or
pr oceeding brought to int erpret or enfo rce thi s Agree ment, or whi ch in a ny wa y ari ses out of the
Parti es' act iv ities und ertaken pur suant to th is Agreement, shall be fi led and pro sec uted in the
a ppropriate Ca li fo rnia State Cou rt in the Co unty of Los Ange les , Ca li fo rni a. Eac h Party wa iv es
the benefit of a ny provi s ion of state or fede ral law prov idin g for a chan ge of venue to an y other
co urt or jurisdi ction in cludin g, with out limi tat ion, a change of venue based on the fact that a
gove rnm ent a l entity is a party to the act ion or proceeding , or that a federa l ri ght or questi on is
in vo lved or a ll eged to be inv o lved in the acti o n or pro ceeding. With ou t limitin g th e genera lity of
th e for ego in g wa iv er, Deve lope r expre ss ly wa ives an y ri ght to have venue tran sfe rred pur suant to
Cal ifo rni a Co de of C ivil Procedure Sect ion 39 4.
19 .1 2 Attorneys' Fees an d C osts . If any arbitr ati on, laws uit , or ot he r legal act ion
or proceeding is bro ught by one Party aga inst the ot her Party in co nn ec tion with thi s Agreeme nt
or th e Pro perty, th e pr eva ilin g party, whethe r by fi nal judgment or arbitration award , shall be
Page 13 of IS
entitled to and recover from the other party all Li ti gation Expenses. Any judgment, order, or award
entered in such legal action or proceedi ng shall contain a specific provision providing for the
recovery of Litigation Expenses.
19 .1 3 Relationship Between The Parties. The Parties hereby mutually agree
that neither this Agreement, any map re lated to Parcel Map No. 72265 , nor an y ot her related
entitlement, permit, or approval is sued by City for the Property shall operate to create the
relatiot1sh ip of partnership , joint venture, or agency between City and Developer. Developer's
contractors and subco ntractors 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
co ntract or of City.
19.14 Counterparts. Thi s Agreement ma y be executed in co unterp art origina ls,
which taken together, shall constitute one and the same instrument.
19.15 Effective Date of Agreement. This Agreement s hall not become effec tive
until the date it has been formally approved by the City and executed by the approp riate authorities
of City and Deve loper.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Peggy Ku o
City Clerk
APPROVED AS TO FORM
By: ____________ _
Eric S. Vail
City Attorney
Page 14 of 15
CITY OF TEMPLE CITY
By:. __________ _
Brya n Cook, City Manager
HASPREET INC.
By ~)r··.
Preet1 P. Shah
Its: President
By:------------
NOTE:
Its: ------------------
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
CALIFO rRNIA ALL-PURPOSE ACKNOWLEDGMENT
'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''*''''''''''''''''''''''''''''''''
A notary pub lic or other officer completing this certificate veriftes on l y t he identity of the individual who
signed the document, t o whidl this certificate is attached, ami n:ot the truthfulness.., accuracy, or validity
of · that document.
dtJ }~ befor e me, <Toy L¥NCqrofhec.stlNotqr yPt&li'~ -P ti D s /) fJSINtNamufNotaryP\.·b& · Tltlll)
he'(_ vn. ' 0. h .
On Jq tJ . Pi>
person:~lty appeared
\4
who p roved to me on the basis of satisfactory evidence
tD be the personl4 whose name@re subscribed to
the within instrumem and adc:nowtedged to me that
~ executed the same in ~r
authorized capacity(~. and that by ~ir
signature~ on the instrument dle person~!}, or the
entity upon behalf of whrcfl, the person(ft acted,
exeruted the instrument.
I certify under PENAllY OF PERJURY under t he lalNS of
the State of Ca lifornia that t he foregoi ng parragraph is
true and corrett
WITNESS m~y handl and official~'-··~
Signature ~
(.Si 111 . Notu.ry Pub!.<c) -------------OPTIONAL-------------
Jho~'9h the inrormation is not l'f!quiiPd by law, it may prove valuable to persDnS relying on the ci.ocument and coofd
prevent fraudulent remova.l and reattachment of this form w another document.
Description of Attached Document
Title o f Type of Document: :?~h~ ~5 i<JN Trr-tprtJ)I Cfir et.rt k.re.r:Y"f'rci-
Oocu rnent Date: /.d1L]).___~,8 = Number of P~: --------
Signer(s) Other lban Named Ab : -======:::....__ __________________ _
Capacity{ies} Claimed by Signer(s)
Signer's Name: fucql· P . S"C\ ~
0 Individual
% Corpot'Cite Officer-Title(s): Pr--ecsl ~cf e&t·
0 Partner 0 l imited 0 Gen eral ....... ..,. ..
0 Attorney i n Fact
0 Trustee
Signer1s Name: ____________ _
D IndiYid'u al
0 Corporate Officef'-Ti t le(s): -------
0 Partner 0 limited D General -====~
0 Attorney 'in Fact
0 Trustee
0 Gu ar dian or Conservator 0 Guardian o f' Con5ervatof'
0 O~er. 0 Oilier: ________ _
Signy:r is Representi'!~ Signer is Representin g: ____ _ H<-;p p t-cez:t lNG ..__ _ ___.
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 72265
IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA,
BEING A SUBDIVISION OF LOT 8 IN BLOCK A OF TRACT NO 11148, AS PER MAP
RECORDED IN BOOK 198 , PAGE 49 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXHIDIT "B "
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 72265
28. Close existing dri veway apron, and install necessary improve ments (parkway,
landscape, sidewalk, curb and gutter, any others as applicable) to match req uired
adjacent sections , and as d irected by the City Engineer or his/her designee .
29.1nstall new concrete sidewalk along the length of the property frontage in
accordance with SPPWC Standard Plan 113-2 , or to match exi sting adjacent
curb and gutter, an d as directed by the City Engineer and /or his/her designee.
30 . Remove and replace broken and off grade curb and gutter along the length of the
pro pe rty frontage in accordance w ith S PPWC Standard Plan 120-2, and as
d irected by the City Eng ineer or his/her designee .
31 .1nstall new street light to match existing street light standa rds in the street block,
and as directed by the C ity Eng ineer or his/her designee.
32. Rehabilitate existing AC street pavement along the le ngth of the prop erty
frontage to the centerline of the street as indicated below , and as directed by the
City Engineer or his/her designee:
a. Gri nd existing pavement to a depth of 2" and ove rlay ne w AC .
33. Underground all serv ices to the property .
EXIDBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL NO. 72265
As evidence of understanding the provisions contained in this Agreement, and ofthe Developer's
intent to comply with same, the Deve lop er has submitted the below de sc ribed security in the
amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 17710
Surety: --------------CHECK DEPOSITED
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ ___;1:....:.7_;_;71:....:.0 __ _
Surety: CHECK DEPOSITED
Attorney-in-fact:
Address :
CASH MONUMENT SECURITY: $:.___:0:..__ __________ _
Amount deposited per Cas h Receipt No. 74/27560 Date: 11/12/2015
~Pr NCJ. 74:-/2 750
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ORD ER
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MEMO:S TREET I MPROVEME NT BOND****
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