HomeMy Public PortalAbout09) 7F Approval of Final Subdivision Improvement Parcel Map 71596, 9608 Workman AvenueAGENDA
ITEM ?.F.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE : April 5, 2016
TO: The Hon orable City Council
FROM : Bryan Cook, City Manager
Via : Mi chae l D. Forbes, AICP , Communi ty Development Director
By : Adam Gulick , Associate Planner
SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 71596 , A
THREE-UNIT CONDOMINIUM SUBDIVISION FOR AN EXISTING
PARCEL LOCATED AT 9608 WORKMAN AVENUE
RECOMMENDATION :
The City Council is requested to :
1. Receive the Subdivision Improvement Agreement (Attachment "A");
2 . Approve the fi nal subdivision map for Parcel Map No . 71596 ;
3 . Authorize the C ity Manager to execute the Subdivision Improvement Agreement ;
and
4 . Authorize the City Clerk to certify Parce l Map No . 71596 .
BACKGROUND :
1. On May 9 , 2012 , the City received an appl ication proposing a three unit
condominium subdivision at the property located at 9608 Workman Avenue .
2 . On J uly 10 , 2012 , the submitted tentative map was distributed to the Department of
Publ ic Works of Los Angeles County , Los Angeles County Fire Department , and
other agencies for comments .
3. On November 7, 201 3, at a noticed public hearing , the Planning Commission
reviewed and approved the tentative parcel map .
City Council
April 5, 2016
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4 . On September 25, 2015 , the City Engineer signed the fina l map indicating that the
final map satisfied the state Subdivis ion Map Act.
5 . On October 28, 2015, the developer paid the security depos its to guarantee street
improvements required for the project.
6 . On November 30 , 2015 , the developer signed the City's Subdivision Improvement
Agreement.
7 . On March 16, 2016 , the Los Angeles County Fire Department approved the Final
Map .
ANALYSIS:
The tentative map to create a three unit condom i nium subdivision was approved in 2013.
The project is consistent with the land use designation and with the City's development
standards . The applicant has signed the Subdivision Improvement Agreement and
submitted the security deposit for the required street improvements . The final map has
been reviewed by Los Angeles County Public Works and the City Engineer, and is now
ready for recordation . Certifying the final map will allow the developer to fina l ize the
condominium subdivision and pull the building permits to start construction .
CITY STRATEGIC GOALS:
Approval of final Tract Map No . 71596 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 O F
AND WHEN RECORDED RETURN T O :
(Docume nt exempt fro m re cording fees
purs ua nt to Cal. Gov. Code§ 273 83)
CITY OF TEMP LE CITY
Attn: Bryan Coo k, C ity Manager
9701 La s Tun as Dri ve
Templ e C it y, Califo rnia 91780
ATTACHMENT A
THIS SPACE FOR R ECORD ER 'S U SE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
THE POON 1994 TRUST
9608 WORMAN A VENUE
TEMPLE CITY, CA 91780
DATED NOVEMBER 30, 2015
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 71596
This S u bd iv is io n Improvement Agreement ("Agreement") is e nte red into as of thi s 18TH
day o f NOVEMBER, 20 15 by and between th e City of Temple C ity, a mun icipal corporation
("City") and THE POON 1994 TRUST ("Developer"). City and Developer are so metimes
hereinafter individua ll y referred to as "Pa rt y" and hereinafter collectively referred to as the
"Patties."
RECITALS
A. Developer has subm itted to C ity an app lication for approval of a final Parcel map
fo r rea l property located within City, a legal d escription of which is attached hereto as Exhibit "A".
The Parcel map is identified in City records as Parcel Map No. 71596. On November 3, 2013 the
C ity co nditionally app roved Tentat ive Parce l No. 71596.
B. Developer has not comp leted a ll of the work or made a l l of the Public
Improvem en ts require d by th e Subd iv is io n Map Act (Government Code sections 66410 et ~.),
("Map Act") t h e C it y O r d in a n ces, the cond it ions of app roval for Pa rcel No. 71596, or other
o rdi n a nces, reso lutions, o r policies of C ity requiring cons truction of improvemen ts in co njunction
with the s ubdivis io n of land.
C. Purs uant to City Ordinances a nd the applicable provi Sio n s of the Map Act,
Developer and City enter into this Agreement for the timely construction and completion of the
Publi c Improvements and the furni s hing of the security therefor, acceptable to the City Engineer
a nd City Attorney, for P a rce l o. 71596.
D. City has authority to e nter in to thi s Subdivi s ion Improvement Ag reement pursuant
to Government Code Sectio ns 66499-66499 .I 0.
E. Pu rs uant to Governm e n t Code Section 66499, Developer's execution of this
Agreement and t h e prov is io n of the securi ty are made in cons ideration of City's approval of the
fin a l map for Parce l No. 71596.
DEFINED TERMS
"Developer" s ha ll m ean THE POON 1994 TRUST, a Revocab le Living Trust of Hung Poon
and Mei Poon. The te rm "Developer" shall also in clude a ll assignees, to the extent permitted under
thi s Agreement, o f th e rights and obli gations of Developer under this Agreement, and any
successor-in-interest to Developer having a lega l and/o r e quitab le interest in the Property .
"Estimated Costs" sha ll mean the C ity Eng in eer's a pproximation of the actual cost to construct
th e Public Improvemen t s , including the replacement cost fo r all landscaping.
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"Litigation Expenses" s ha ll m ean a ll co sts a nd exp e nse s, to th e exte n t reaso n ab le in amo unt,
a ctually a nd n ece ss ar il y incurre d b y a party in good fa ith in th e prosecuti o n of a n action o r
pro ceed in g, in c luding, but n o t limite d to, court costs, filin g , recording, a nd s ervice fees, cop y in g
c osts , e xhi b it pro ducti o n costs, s p ecial media re nta l cos ts, atto rn eys' fees, fees fo r in vesti gato r s,
witness fees (b o th la y and expert), trav el ex pe nses, d e position a n d t ra n scri p t costs and a n y othe r
cost o r e x p e n se, th e awa rd of whi ch a co urt o f competent jurisdictio n m ay d e te rmine to b e just a nd
rea so na bl e .
"Map Act" s h a ll mea n th e S ubdi v is ion Map A c t, G overnment Cod e Secti o n s 66410 e t seq.
"Property " s ha ll mean th e all o f t he real property co nt a in e d wit hin th e bound a ries of P arce l Ma p
No. 7 1596 . locate d in the C ity o f T e mpl e City, Cal ifo rnia, as is m o re patt ic ularl y describe d in th e
le ga l descriptio n and Parc el di agram a ttached hereto and in co rp o rate d h e re by b y referen ce a t
Attachme nt "A ".
"Public Improvements" s ha ll in c lude, but not be limi te d to , a ll grad in g, roa d s , s treets, pav in g,
c ur b s and g utte rs, s id ewa lks, p aseos, path wa ys, tra il s, s an itary sewers, u t il iti es, s to rm dra in s,
dete ntio n and re tention basi n s and o the r drainag e fac ili ties, traffi c co ntro ls, land scap in g, stre et
li g ht s a nd a ll o th e r faci li ti es re quire d to be constructe d and dedicate d to the C ity o r o ther pu b lic
e ntity as condi t io n s of a p p roval o f Tentative Parce l Map No. 71 596 a nd as shown in d e ta il on the
p la ns, and s p ec ifications whi c h hav e been approved b y the City a nd incorp o ra ted int o P a rcel Map
N o . 7 15 9 6. The Parti es ag ree that th e Public Improveme nts to b e co mple t e d b y D eveloper a re
m o re s p ecifi call y described in the di agram o r pl a n a tt ach ed h e reto a nd in co rp o rate d herein by
re fe re n ce as A ttachment "B. Notw ith standing , Attac hme nt "B", D eveloper s ha ll re m a in o bli gated
t o co ns tru c t a nd comple te all of th e Pub li c I mprovem en ts requi red a s co n d it io ns of a p p rova l fo r
Tenta tiv e P a rc e l M a p 7 15 9 6 .
"Required Insurance" s ha ll m ean th e in s uranc e re quire d to b e m a int a in ed b y D eveloper und e r
Secti o n 17.
"S ecurity " s h a ll mean sure ty bonds in th e amo unts a nd und e r th e term s of Section 12 o r oth e r
security a p p roved by C ity E n g inee r o r C ity Atto rn ey.
"Parcel No 7 159 6 ." s ha ll mean t he fin a l map prepare d and a p p roved by th e C it y fo r tent ative
P a rce l m a p n o . 7 1596.
"Warra nty " sh a ll mean th e o n e year period f o ll owin g compl e ti o n o f th e Pub lic Improvem e nts b y
Deve lo pe r a nd the accepta nce o f th e P ublic Im provem e nts by the C it y in w hich D eveloper warra nts
a nd g ua ra ntees a ll Pub li c Imp roveme nt s.
OPERATIVE PROVISIONS
OW, T HE REF O RE, in co n s id e rati o n o f th e mutual p r o mi ses and coven a n ts mad e by th e
parties a nd con ta ined h e re and oth e r co ns id e ra ti o n , the va lu e a nd adeq u acy of w h ich are he re b y
ac kn ow le d ged , th e parties ag ree as fo ll o w s :
l. EFFECTIVENESS. Thi s A g reem e nt s h a ll n ot be e ffec ti ve unl ess a nd u nt il a ll
fo ur ( 4) of t he fo ll ow in g cond it io ns a re sati s fi ed in the o rd e r p rovided:
P age 2 o f IS
l.l Security. Deve loper provides C ity with t he Security of the type and in the
amounts required by thi s Agreement;
1.2 F in a l Map and Agreement Approval. The City Co un cil of the City ("City
Co un c i l") approves th e fin a l map for Pa rc e l No. 71596 and thi s Agreement;
1.3 Reco rd Agreement. Develope r and City execu te the Agr eement and City
reco rds this Agreeme nt in th e Recorder's Office of th e Cou nty of Lo s A ngeles; a nd
1.4 Record F in a l Map. Deve loper reco rd s the fi na l map fo r Parcel o. 71596
in th e Recorde r 's Office of the Cou nty ofLos Ange les.
If the above desc ribed condition s a re not sa ti sfie d in the o rd er, manner an d within the t ime
prov ided under thi s A greement, this Agreement sha ll aut o mati cal ly te rmi na te w ith out need of
further actio n by eithe r C ity or Developer.
2. PUBLIC IMPROVEMENTS. Developer sha ll co ns truct or have constructed at
it s own cos t, expense, and li abi lity the Pub lic Im provements, as defined he re in, within the time
and in the manner requ ired und e r thi s Agreement. Constructi on of the Public Improvements shal l
in clude a ny tra ns itions and/or other inc identa l work deemed necessa ry fo r drai nage o r publ ic
safety. The Deve loper s hal l be respons ibl e fo r the rep lace men t, re loca tion, o r removal of any
component of a ny irri gation wa t er or sewe r syste m in co nflic t w ith the co nstr uction or instal lat ion
of the Publi c Improvem e nt s . Such replaceme nt, re locat ion, or remova l sha ll be performed to the
comp lete sat isfaction of the C ity Eng in ee r and the ow ne r of such wate r o r sewer syste m.
Developer fu rthe r promi ses and agrees to provide a ll equ ipment, tools, materials, lab or, tests,
desig n work, a nd engineer in g se rvices nece ssa ry o r requ ired by City to fu ll y and adequate ly
complete the Public Im provements.
2.1 Prior Par·ti a l Co nstruction of P ublic I mprovements . Where constructio n
of any Pub li c Improvements ha s been pa rt ial ly comp leted pr ior to t hi s Agreement, Deve lo pe r
agree s to complete such Pub lic Improve ments o r assu re the ir completio n in accordance with thi s
Agreement.
2.2 Permits ; No tices; Utility State ments. Prior to commencing any work,
D eveloper sha ll , a t its so le cost, expense, and l iabi li ty, obta in al l necessary perm its and approvals
a nd give a ll necessa ry a nd incidenta l noti ces required fo r th e la wfu l co nst ruction of the Public
Im pr ovements and perfo rm ance of Deve loper 's ob li gati ons under th is Agreeme nt. D evelope r sha ll
condu c t the wo rk in full compli ance w ith th e regulation s, rule s, and other requ ir ements contained
in any permit o r approval iss ued to Developer. Prior to commencing a ny wo rk, Develope r sha ll
fil e a written sta tement with the Ci ty C le rk and the C ity E nginee r, s igned by Developer and each
ut ilit y which w ill provide utility se rvice to the Property, attes tin g that Developer has made a ll
deposits legally r equ ired by the uti lity fo r the extens io n a nd provi s ion of ut il ity se rvice to the
Pr operty.
2.3 Pre-a pprova l of P lan s a nd Specifications. Developer is prohibited from
commencing wo rk o n any Public Improvement unti l all p lans and spec ifications for suc h Public
Im provement have been submitt ed to a nd approved by th e C ity Engineer , or his or her designee.
Approval by the City Enginee r sha ll not relieve Deve lope r from ensuri ng that a ll Public
Imp rovements con fo rm w ith al l o th er requirements and sta nda rds set forth in thi s Agreement.
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2.4 Quality of Work; C ompliance With Laws a nd Co des . T he construction
pl a ns and spec ificat ion s fo r th e P ub li c Improvements sha ll be prepared in accordance w it h a ll
appl icab le fede ra l, sta te and local laws, ordina nces, reg ul at ions, codes, standards, and othe r
requ irements. T he Publi c Im proveme nt s sha ll be comp leted in accordance w ith all approved maps,
p la ns, specifications, s ta ndard drawings, and spec ia l ame ndm ents thereto o n fi le with City, as we ll
as al l applicab le fe de ral , state, and loca l laws, ord inances, regu lations , codes, stand ards, and othe r
re quirements a ppli cable at the time wo rk is actua ll y co mm enc ed .
2.5 Standard of Performance. Deve loper a nd its conPa rcelors, if any, sha ll
pe rform a ll wo rk requ ir ed to constru c t th e P ubli c Im prove me nts under t h is Agree ment in a skillfu l
a nd workma nli ke ma nn er, and co ns istent wit h the sta nd ards generally recognized as be ing
e m p loyed by profess io na ls in the sa me di sc ipl ine in the State of California. Develope r represents
a nd ma inta in s th at it o r it s conParcelors sha ll be ski ll ed in the professiona l ca lling necessary to
pe r fo rm the wo rk. D eve lo pe r wa rra nt s th a t a ll of its empl oyees and co nPa rc elors s ha ll have
suf fi c ient sk ill a nd expe ri e nce to perfo rm the wo rk ass igned to th em, and t hat th ey shal l have al l
lice nses, pe rm it s, qu a lifi catio ns and appro va ls of w hatever natu re that a re lega ll y req uir ed to
p e rform the wo rk , and th at such li censes , permi ts, qua lificat io ns an d approva ls shall be ma inta in ed
thro ughou t the te rm of thi s Agreement.
2.6 Alteration s to Impr·ov e me nts. A ll work sha ll be do ne and improveme nts
made a nd co m p leted as s how n o n appr ove d pla ns and specifica t ions, and any subse qu en t
a lt e rat io ns the reto . If durin g th e co urse o f co nst ru ct ion and in st a llation of the Publ ic Imp rovemen ts
it is determ ine d that th e publi c int eres t requires alte rat io ns in t he P ublic Improvements, Develope r
sha ll un dertake such des ign and co nst ructi o n cha nges as may be rea so nab ly re quired by City. Any
a nd al l alteratio ns in t he plans an d specifi cations and the Pu b li c Improvements to be completed
may be accomp l is hed wi th out giv ing pri or no ti ce thereof to D eve lope r 's surety fo r th is Ag reement.
2.7 Other Obligations Refe r e nc ed in Con ditions of Tentative Map
Appr·ova l. In a ddi tion to th e fo rego in g, D eve lope r s ha ll sa t isfy a ll of the co nd iti ons of app rova l
o n th e te nta ti ve map fo r t he Pro perty. Th e co nd it ions of approval which have not bee n satisfied
pri o r to the date of thi s Ag ree ment are id e ntifi ed o n Exh ib it "D" hereto.
3. MAINTENAN C E OF PUBLI C I MPROVEM ENTS AN D L AND SCAPING.
C ity sha ll not be res po ns ibl e o r liab le fo r th e ma intenance o r ca re of the Public Improvements unt il
C ity forma ll y ap prov e s and accepts th e m in acco rda nce w ith its po lic ies and procedures. City shal l
exer cise no co ntro l ove r t he P ub li c Impro ve ments unt il approved and acce pted. Any use by any
pe rso n of the Public Im prove me nts, o r an y porti o n the reof, sha ll be at t he so le and exclusive r isk
o f th e Deve lo pe r at a ll t imes pr ior to C ity's acceptance of th e Publ ic Imp rove ments. Deve lope r
sha ll maintai n a ll the Pu blic Improve ment s in a state of goo d repa ir unt il they are completed by
D eveloper and a ppro ved and accepted by C ity, and unt il the sec urity fo r the pe rformance of th is
A gree ment is re leased. Mai nte nance s ha ll in clude, but sha ll not be limited to, repair of paveme nt,
curbs, gutters, s idewa lks, s igna ls, pa rkwa ys , wa te r ma in s, and sewers; maintai nin g al l landscaping
in a v igo rous a nd t hrivin g co ndit ion reaso na bly accepta bl e to C ity; re moval of de br is f rom sewe rs
a nd sto rm dra in s; and swee pin g, repa irin g, and mai ntai nin g in good an d safe condit ion all streets
a nd street imp rove me nt s. It shal l be D eve lope r's respons ibil ity to initiate a ll ma intenance work,
but if it shall fa il to d o so, it sha ll pro mptl y perform s uc h mai ntenance work when notified to do
so by City. If Deve loper fa il s to pro perl y prosec ut e it s ma intenance obligat ion under this section,
City may do a ll wo rk necessa ry fo r s uc h mainte na nce and the cost the reof shal l be the
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respo ns ibilit y of Dev e loper and it s s ur ety und e r thi s Agree ment. C ity s hall not be respo nsib le o r
li ab le for a ny damages o r injury of a ny nat ure in any way re lated to or caused by the Public
Improve ments or th e ir condition pri or to acceptance.
4. CONSTRUCTION SCHED ULE. Un less extended pursuant to this Section 4.1
of th is Agreement, Develope r shal l fu ll y and adequate ly co mpl ete or have comp leted the Public
Improveme nts wi thin 2 years (24 months) followin g approva l of the fina l map for Parce l No.
71596 or prior to the final date of the construction permits, w hich eve r occurs firs t.
4.1 Extensions. C ity may, in it s so le and absolute discret ion, provide
D eveloper with ad diti onal time within wh ic h to comp lete the Public Improvements. It is
un derstood that by provid in g the Secu rity req uired under Secti o n 12.0 et seq. of this Agreement,
Devel ope r and it s surety conse nt in adva nce to any extens io n of time as may be g iven by City to
De veloper, and wa ives a ny and a ll r ig ht to notice o f s uch ex tens io n(s). Develope r 's acceptance of
a n extens io n of time gra nted by C ity sha ll co nst itute a wa iv e r by Developer an d its su rety of al l
defense of lac hes, est oppe l, stat utes of limitat io ns, and other l imi tations of actio n in any acti o n or
proceeding filed by City fo ll ow in g the date on which th e Publi c Improvements were to have been
completed hereunde r . In addition , as conside ration for gran ti ng such extensio n to D eve loper, City
reserve s the right to review the prov is io ns of this Agree ment, including, but not limited to, the
co nstru cti o n sta ndard s, the cost estimates establ ished by City, and the sufficiency of the
improve me nt sec ur ity provided by Deve lope r, and to require adjustments the reto when warranted
accordin g to C it y's reasonable di scretion.
4 .2 Accrual of Li mitations Period. Any limitations per iod provided by law
related to bre ac h of this Agreement or th e term s thereof shal l not accrue un t i l Developer has
provided the City Eng in eer with w ritten notice of Deve lope r's int ent to abandon or otherwise not
complete require d or agreed upon Public Improve me nts.
5. GRADING. Developer agree s th at any and all grading done or to be d o ne in
conjunction wit h co nstru ction of th e Pub lic Im provements or development o f P arce l No. 7 1596
s ha ll confo rm to a ll federal, state, and local laws, ord in ances, regu la tions, and other requi rements,
including C ity's gra din g regu lat ions. A ll grad in g, land sca p ing, and construction activities s hall be
pe rformed in a manner to cont ro l erosio n and prevent fl ood in g problems. The City Enginee r sha ll
have the authority to require erosio n plan s to pre sc ribe reaso nab le contro ls o n the method, manner,
and t ime of grad in g, land scap in g, and constructi on activ it ies to prevent nuisa nc es to surrou nding
properti es. Pl ans sha ll in c lu de w ithout limi tat io n te mporary drainage a nd e rosio n control
requirements, dust control procedures, re stri ctions on truck and o ther constructio n traffic routes,
noi se abateme nt procedure s, st orage of materials and eq uip ment, remova l of garbage, trash , and
refuse, sec uring the job site to prevent injur y, and similar matters. In order to prevent damage to
the Public lm prove ments by improper dra inage or o th er hazards, the gradi ng shall be completed
in accordance w ith the tim e schedule for compl etion of the Public Improvement s established by
this Agreement, an d pri or to City's approva l and accept an ce of the Pub lic Im provements and
re lease of the Secu rity as se t fo rth in Section 12.0 et ~· of thi s Agreement.
6 . UTILITIES. De ve lope r s hall provide ut ili ty se rvic es, includ ing wa ter, sewe r,
power, gas, and te leph o ne se rvice to serve each parce l, lot, o r unit of land wit hin Parcel No. 71596
in accordance w ith all applicable fede ra l, state, and loca l laws, rules, and regu lations, including,
but not limited to, th e regul at ions, sc hedule s and fees of the utiliti es or agenc ie s providing such
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services. Except fo r commercial or ind us tr ial propert ies, Devel ope r sha ll a lso provide cab le
te levision faci li ties to se rve each pa rce l, lot, o r unit of la nd in accordance w ith all ap pl icab le
federal, state, and loca l la ws, rules, a nd regulations, including, but not lim ited to, the requirements
of the cab le company possess in g a va lid f ranchi se with City to provide s uch se rvi ce within City's
jurisdictiona l limits. All utilities sha ll be insta ll ed undergro und.
7. FEES AND CHARGES. Dev e lope r sha ll , at it s so le cost, expense, and liabili ty ,
pay all fees, charges, and ta xes arising ou t of construction of the Pub lic Improvements, inc lud ing ,
but not limited to , a ll plan c heck, des ign revi ew, engineeri ng , inspection, and o ther se rv ic e fees,
and any imp act or connect ion fees estab lished by C ity ordinance , resolution, regulati on, or policy,
or as establis hed by City relative to Parce l No. 71596, or as required by other governmenta l
agencies hav in g jurisd ic ti on over Parce l No. 71596.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Develop er s hall , at its
so le cost, expense, and li ability, and at a ll t ime s du r ing cons truction of the Pub li c Improvements,
ma intain reasona b le and safe faci lities and provid e safe access fo r inspection by City of the Publ ic
Improvements and areas where construction of th e Publ ic Improvements is occ urrin g or will occu r.
I f the Ci ty inspector reque sts it, the Devel o per at any time before accep tance of the Public
Improvements s ha ll remo ve o r uncover such portions of the fini s hed work as may be directed
which have not prev i.ously been inspected. After examination, the Developer sha ll restore sa id
porti ons of the work to th e sta nd a rds required hereunder. In spec ti on or superv isio n by the City
shall not be conside red as direct contro l of the individua l workmen o n the job s ite. City's inspector
shall have the author ity to sto p any and a ll work not in accordance with the requirements co ntained
or referenced in this Agreem ent. The in s pecti o n of t he work by City sha ll not relieve Developer
or th e conPa rcelor of any ob li ga ti o ns to fu lfill thi s Agreement as herein prov ided, and unsuitable
materi a ls or work may be rejected notwithstanding that s uch materia ls o r wo rk may have been
prev ious ly ove rlooked or accepted.
9. ADMINISTRATIVE COSTS. If Deve loper fa i ls to construct and install a ll or
any part of the Pub lic Impr ove me nt s within the time requ ired by th is Agreeme nt , or if Deve lope r
fa i ls to comply with any ot her obligation conta ined herein, Dev eloper a nd it s s urety sha ll be jointly
and severa ll y liable to City for all admi ni st rat ive expe nses, fees, and costs, includin g reasonable
attorney's fees and costs, in curred in obtai nin g co mp liance with this Agreement or in processing
an y legal ac ti o n or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
D RAWINGS. The C ity Co uncil may, in it s so le and abso lute di scretion, acce pt fully completed
porti ons of the Public Improvement s pr ior to suc h time as all of the Public Improvements are
compl ete, wh ich shall not re lease o r modify Deve loper's obligation to comp lete the remainder of
t he Publi c Improve ments wi thin the time required by this Agreement.
10.1 Develo p er's Noti ce o f Co mpletio n . Upon the total or partia l accepta nce
of the Public Improvement s by C ity , Deve loper s ha ll fi le w ith the Recorder's Office of the County
of Los Angeles a not ice of completion for the acce pted Pu blic Impr ove ments in accordance w ith
Cal ifornia Civil Code secti on 3093, at wh ich time the accepted Publi c Improvements shall become
th e sole and exc lu sive property of City without payment therefo r.
Page 6 of 15
10.2 Citv Acceptance of Public Improvements. If Parcel No. 71596 was
approved and recorded as a sing le phase map, City shall not accept any o ne or more of the
im provements unti l a ll of th e Public Impro vemen t s a re co mpl eted by Deve lope r and approved by
C it y. Is suance by Ci ty of occupa ncy permits for any buildings or st ru ctures located on the Property
sha ll not be constru ed in any manner to constitute City's acceptance o r approva l of any Public
Imp rovements.
10.3 Developer's Obligation to Provide As-Built or Reco•·d Drawings.
Notwithstanding the foregoing , C ity may not accept a ny Public Imp rovement s unles s and unti l
Developer provides one (I) set of "as-built" or rec ord dra w in gs or plans to the C ity Engineer for
a ll such Pub li c Improv ements. The drawings s hall be cert ifi ed and s hall reflect the condition of
t he Public Improvement s as construct ed, wit h all changes incorporated therein.
II. WARRANTY AND GUARANTEE. Deve loper hereby war rants and guara ntees
a ll Public Improveme nts against any d efective wo rk or labor done, o r defective materials furnished
in the perfo rm ance of thi s Ag reeme nt , in c lu ding the mai ntenance of a ll landscaping within the
Property in a vigo rous and thr iving co ndi t ion reasonably acceptable to City, for a p eri od of o ne (l)
yea r fo ll owing co mpleti on of the wo rk and acceptance by C ity. During the Warranty, Developer
shall repair , rep lace, o r recon struct a ny defective or otherwise unsati sfacto ry portion of the Public
Im provements, in accordance with the current ordinance s, re solutio ns, regulati ons, codes,
stand ards, or other requirements of C ity , a nd to the approval of the City Eng in eer. All repairs,
rep lacem ents, o r reco ns tru ction during the Warr ant y shal l be at the so le cost, ex pe nse, and liabi lity
of Developer and its s urety. As to any Publ ic Improvements which have been repaired , replaced,
o r reconstructed du rin g the Warranty, Develope r and it s surety hereby ag ree to extend the
War ranty for a n additi ona l one (1) yea r peri od fol lowing City's accep ta nce of the repaired,
rep laced , or recons tru c ted Pub li c Impr ove ments. Nothing he rein sha ll relie ve Developer from any
other li ability it may ha ve under federa l, state, or loca l law to repair, replace, or rec o nst ruct any
Public Improvement foll ow in g exp ir a ti on of the Warranty or any ex ten sio n thereof. Deve lope r 's
warranty o bligation under thi s sect ion s ha ll su rvive the expiration or te rm ination of thi s
Agreement.
12. SECURITY; SURETY BONDS . Prior to City's approval and execution of th is
Agreement, Deve loper shal l provide C ity with s ur ety bon ds in the amo unts and under the terms
set forth be low. The amount of the Sec uri ty shall be based o n the City Eng ineer's Estimated Costs.
If City determines a t any tim e prior to Deve lope r 's comp le ti o n of the Public Improvements under
Section 4 [Co nstructi o n Sc hedule ], in it s so le and abso lu te disc retion, that the Estimated Costs
have cha nged, Deve loper s hall adjus t the Security in the a mo unt requested by C ity. Deve lope r 's
compliance wit h th is provi s ion (Sectio n 12.0 et ~.)sha ll in no way limit or modify Deve loper 's
ind emn ificatio n ob li gat io n pro v ided in Secti o n 16.0 of th is Agreement.
12.1 Performance Bond. To guarantee t he fait h fu l pe rforma nce of the Pub lic
Improvem ents a nd a ll the pro vis ions of thi s Agreement, to protect City if Develop er is in defa u lt
as set forth in Section 18.0 et seq. of this Agreement , and to secure Developer's one-yea r gua rantee
and warranty of the Publi c Imp rove me nts, includin g the mainten a nce of a ll land scapi n g in a
vigorou s and t hri v in g condition , Developer shal l provide C ity a faithfu l pe rfo rmance bond in the
amount of fo urtyfourth ousand ($44,000), w hi c h su m sha ll be not less than one hundred percen t
(I 00%) of th e Es tim ated Costs.
Page 7 of 15
12.2 Partial Release . The City Co uncil may, in its so le a nd a b solute discretion
and upon recomme ndati on of the C ity E ng ineer, pa rti a ll y release a portio n o r portions of t he
Security prov ided unde r thi s secti o n as the Pub lic Im provements a re accepted by City, provided
that D eve loper is n o t in d efault on a ny pro v is ion of thi s Agreem ent o r cond iti o n of approva l fo r
Parcel No. 7 1596, a nd the tota l remai nin g Securi ty is no t less th a n twenty-fi ve percent (25%) of
t h e Estimated Costs . All Security provided un der thi s se ction s ha ll be re le ased at the end of th e
Warra nty pe ri o d , or any extensio n thereof as prov id ed in Secti o n 11.0 o f th is A greement, provided
t hat Developer is no t in d efault o n any provi s io n of thi s Agreem ent o r condition of approva l fo r
Parcel No. 7 1596.
12.3 Labor & Material Bond . To secure payment to the conParce lo rs,
s ubco nPa rce lo rs, la b o re rs, m a t eria l m e n, and o th e r pe rsons furn is hin g la bor, ma terials, or
e qu ipment fo r performance of the Public Im provements and th is Agreemen t, Devel oper sh a ll
prov id e Ci ty a labor and m a teri a ls bo nd in th e amo unt of fourtyfourthousa nd ($44,000), which
s um sha ll no t be less th a n o n e hundred · pe rcent (I 00%) of th e Est im ated Costs. The Security
prov ided under thi s section may be re leased b y w ritten a uth o ri zation of the C ity Engineer after six
(6) m o nth s fro m the date City accepts th e fin a l Pu b li c Improvem e n ts. The a m o unt of such Security
s h a ll be red uced by the t ota l of a ll sto p no tice o r m echa ni c's l ien c laims of w hich C ity is aware ,
plus a n amo unt e qual to twenty percent (20%) of s uch claims for reimbursement of City's
a nticipated admini strati ve and lega l ex pe nses a ri s ing o ut o f su ch claims.
12.4 Additional Requirements. The s ur e ty fo r a n y su rety bo nd s p rovide d as
Security s hall have a curre nt A.M . Bes t's ra ting of no les s tha n A:VUT , be a b a nk o r insurance
company lice nsed t o transact s ure t y bu s in ess in Ca li fornia, and s h a ll be satisfacto ry to Ci ty. As
p a rt of t he o bli gati o n secured by t he Security and in add ition to the face a m o unt of the Securit y,
the Developer o r its s u rety s h a ll secure th e costs a nd reasonable expenses and fees, inc luding
reasonab le a tto rney's fee s a nd costs, in cu rred by Ci t y in enfo rc in g the ob li gations of this
A g reement. T h e Developer a nd its surety s tipul ate and agree th at no change, extensio n of t ime,
a lterat ion, or add iti o n to th e terms of this A g r eemen t, the Public I mprovements, o r the plans a nd
s p ecifi cations for the Pub li c Improvements shall in any way affect it s obligatio n on the Securit y .
12 .5 Form of Security . The ev idence of th e Security s hal l be prov id ed o n the
form s set forth in Attachme nt "C", unless o th e r fo rm s are deemed acceptable by th e C ity Engineer
a nd th e C ity Atto rney, and when s uch form s a re completed to the satisfacti o n of City, t he form s
a n d evid e nce of the Se curity sh a ll be attac h e d he reto as Attachme nt "C" a nd in corporated here in
by thi s reference.
12 .6 Developer's L ia bility . Whi le no act io n of D eveloper sha ll be requ ired in
o rd e r for C ity to reali ze o n it s secur ity und e r a n y Securi ty in strument, D eveloper agrees to
cooperate w ith C ity to faci li tate C it y's rea li za ti o n un der a n y Secu r ity in s trume nt, and to take no
actio n t o preven t C ity from s u ch reali zation und e r any Security in strument. Notwiths tand in g the
g iving of a n y Security in strume nt or the s u bsequent expiration of any Secu rity in strum ent or a ny
fa il ure by a n y s urety o r fin a n c ia l in stitutio n to perform its obli gat ions with respect thereto,
Developer sh a ll be pe rson a ll y liab le for performa nce und e r thi s Agreement a nd for payment of the
cost of the labo r and m a teria ls fo r the improvements requ ire d to be con structed or in s ta ll ed hereby
and s hal l, w ithin ten (10) d ays after w ritte n demand therefo r, deliver to City such substitute
Security as C ity shal l require sat is fy in g th e requ ir ements in thi s Section 12 .
Page 8 of IS
13. MONUMENT SECURITY. Prior to C it y's execution of thi s Agreeme nt , to
guara ntee payment to the engineer or surve yo r fo r the settin g of al l subdivisi on boundaries, lot
co rn e rs, and stree t centerline monumen ts fo r Pa rcel No. 7 1596 in compl ia nce w ith the appl icab le
provi s io ns of C ity 's Municipal and /o r Development Code ("Su bdi vis io n Mo num e nts"), Develo pe r
s ha ll deposit cas h with C it y in th e amount of zero Dolla rs ($0), wh ic h su m shal l not be less than
o ne hundred perce nt (1 00%) of the costs of set tin g t he Subd iv is ion Monuments as dete rm in ed by
the City Eng ine e r. Said cash dep os it may be re leased by wr itten authorization of th e City En g in eer
a ft e r a ll required Subdivi s ion Monume nts are accepted by the City E ng ineer, City has received
writte n ac kn ow led gment of pay me nt in full fro m th e engineer or surveyor who se t the Subd ivis io n
Mo num e nts, and provided Deve lo pe r is not in defa ult of any provi sion of thi s Agreeme nt or
conditio n of ap prova l fo r Parce l No. 7 15 96.
14. LIEN. To sec ure the tim e ly perfo rmance of Developer's obligation s under th is
Agreement, includ in g those ob li gat io ns fo r whi c h security ha s been pro v ided pu rsuant to Sections
12.0 et ~· and 13 .0 of thi s Agree men t, Deve lope r hereby creates in favor o f City a li en against
a ll po rti ons o f th e Property not dedicated to City or so me other governmental age ncy for a public
purpose. As to Devel oper's default on th ose ob li ga tions for which sec urity has been provided
purs ua nt t o Sect ions 12 .0 e t ~·and 13.0 of thi s Agreement, City s hall fi rst attempt to collect
aga in s t such security pri o r to exe rcis in g its ri ghts as a co nP a rcel lienholder unde r thi s sect ion.
15 . SIGNS AND ADVERTISING. Devel o per und ersta nd s and agrees to City's
o rdin ances, regulation s, and req uirements governing s ign s and adverti s in g str uctu res. Develope r
he reby agrees w ith a nd conse nts to the summ ary remova l by C ity, w ithout notice to Deve loper, of
a ll s ig ns o r ot her advert is in g s tructures erected , placed , or situated in violation of any C it y
o rdin ance, regu lation , or oth e r req uireme nt. Re mova l sha ll be at th e expense of Dev e lope r and its
sure ty. De ve loper a nd it s sur ety sha ll indemnify and ho ld C ity free a nd harmless from any cla im
or dem a nd ar isin g out of or incident to s ig ns, adve rti s ing stru ct ur es, o r their removal.
16 . INDEMNIFICATION . De veloper shall defen d, ind emni fy, and hold harmle ss
C it y, its e le cted o ffici a ls, officers, e mpl oyees, a nd agents from any a nd a ll actua l or alleged cla im s,
de mands, causes of act ion, li abi lity, loss, damage, or inj ur y, to property or perso ns, inc lu d in g
w rongful dea th , whether impo se d by a co ur t of law or by admini s trative act io n of any federa l,
state , o r loca l go vernmental bo dy o r age ncy, a ri sing o ut of or incident to any acts, omissions,
neg l igence, or w ill fu l mi sconduct of Deve lo pe r, it s pe rso nn e l, emplo yees, age nt s, o r con Parce lors
in co nn ec ti on w ith or a ri sin g o ut of co ns tru ct io n or maintenance of the Public Im pr ove men ts , or
perfo rmance of t hi s Agree men t. Th is ind e mnifi cat ion inc lud es, w ith out lim it at ion, th e payment
o f a ll pe na lties, fine s, jud gment s, awa rds , decree s, attorn eys' fees, a nd re lated costs o r expenses,
and the rei m burse me nt of C ity, it s e lecte d offi c ials, offi ce rs, e mpl oyees, a nd/o r age nts fo r al l lega l
expen ses and cos t s incurred by each of t hem. This ind emnification exc lud es o nl y suc h portio n of
a ny cla im , demand, cau se o f acti o n, liab ility, loss, damage, penalty, fine, or injury, to property o r
persons, inc lud in g w rongfu l death , w hi ch is caused so lely and exclu s ive ly by the gross negli gence
or wi ll ful misco ndu ct of City as de termin ed by a cou rt or ad minist rative bod y of co mpetent
juri sd icti o n. Deve loper's obligation to ind e mni fy City shall s urv ive the exp ir at ion or termination
of t hi s Agreement, and shall not be res tri cted to in su rance proceeds, if any, receiv ed by City, its
e lecte d officials , offi ce rs, emp loyees, or agents.
Page 9 of 15
17. INSURANCE.
17.1 Tvoes: Amo unts . Developer shall procure and maintain , and shall requ ire
it s conParcelors to procure and maintai n, durin g co nstructio n of a ny Public Improve ment pursua nt
to this Agreemen t, in s urance of the types and in the amo unts de sc ribed below. If any of the
Required In sur ance co nt a ins a gene ra l agg regate limit, such insurance s hall appl y se parate ly to
thi s Agreement or be no less than two times the s pecified occurrence limi t.
17.1 .1 General L iability . Developer and it s conParce lors sha ll procure
and main ta in occurrence version genera l liability in surance, o r equivalent fo rm , with a combi ned
s in gle limit of not less th a n $3,0 00 ,000 pe r occurre nce fo r bodi ly injury, personal injury, and
prop erty damage.
17 .1.2 Business Automobile Lia bility. Developer a nd it s conParcelo rs
shal l p roc ure an d ma int a in bu s iness auto mob ile li ability in s ura nce, or eq uiva lent form, with a
combined s in g le limit of not less th an $1,000,000 per occ urr e nce. Suc h insu rance shall include
coverage for the owne rs hip , operation, mainten ance, use, loading, or un loading of any ve hi c le
owned, le ase d, hired , or borrowed by the in su red or for wh ich the in sured is respon s ible.
17.1.3 W orkers' Compensation. Developer and its conParcel ors s hall
proc ur e and maintain workers' co mpensation in su rance w ith lim its as req uir ed by the La bo r Code
ofthe State of Ca liforni a and emp loye rs' liabi lity ins urance wi th limits of not less th an $1,000,000
per occurrence, at a ll tim es duri ng whic h insured re tai ns emp loyees.
17 .1 .4 Profess iona l Liability. For any consultant o r oth er profess io na l
w ho wi ll engin eer or de s ign the Pub li c Improvements, liab il ity in surance for errors and omi ss ions
w ith limits not le ss th an $1,000,000 per occurrence , shall be procured and mainta ined for a pe ri od
of five (5) years fo ll ow ing comp le ti o n of th e Public Im provements . Suc h in su rance shall be
endo rsed to include conParcclu a llia bility.
17 .2 Dcductibles. A ny deductible s o r se lf-in sured retent io ns mu st be declared
to and approved by C it y. At the opt io n of C ity, e ith er: (a) the insurer sha ll reduce o r el im inate
suc h deductibles or self-in sured retent ions as respects City, it s e lected officials, officers,
emp loyees, agents, and vo lunteers; or (b) Deve lope r a nd its co nParcelors shall prov id e a financia l
guarantee sa ti sfactory to C ity gua ranteein g paymen t of losses and re late d inv estigation costs,
c la im s, and admin ist rat ive and defe nse expenses.
17.3 Additional I n s ured; Separation of Insureds. The Requ ired In s urance
sha ll name City, its elected officia ls, officers , em pl oyees, agents , a nd vo luntee rs as add iti o nal
insured s wit h res pect t o work perform ed by or on behalf of Devel oper or its conParcelors,
in c ludin g materials, part s, or eq uipment furni shed in conn ec ti on therewith. Th e Required
In sur ance shal l co nta in sta nd ard se parat io n of insu re d provisions , and s hall contain no s pec ia l
limitati ons on t he scope of it s protectio n t o C ity , it s elected offi cial s, office rs, empl oyees, agents,
and volunteers.
17.4 Primary Ins u ran ce; W a iver of Subrogation. The Required In s urance
shall be primary with re s pect to any in s ur ance or self-insura nce program s covering City, it s e lected
official s, office rs, emplo yees, agent s, and vo lun teers . A ll poli cies for the Req u ired In surance shal l
Page iO of iS
provide that the insu rance company wa iv es a ll ri g ht of recovery by way of subrogation aga in st
C ity in connection w ith a ny d amage o r harm covered by such pol icy.
17.5 Certificates; Verification. Developer and it s conParce lo rs s hall furnish
C ity with o ri g inal certificates of in s urance and endorsements effecting coverage fo r the Required
I n surance. The certificates a nd e nd o rse ments fo r each in s urance po li cy s ha ll be s ig ned by a person
a uth o ri zed by that in s ur er to bind cover age o n its beha lf. A ll certifi cates and endorsem e nts must
b e rec e ived and approved by City befo re wo rk purs u a nt to th is A g reem ent ca n begi n. C ity reserves
the ri g ht to require complete, certified cop ies of all required in s urance polic ies, at any time.
17.6 Term; Cancellation Notice. Developer and its conParcelors shall m ai nta in
the Required In s u r a nce fo r the term of t hi s Ag reement and s hall replace a n y certificate, policy, or
endo rsement which will expire pri or to that date. All policies shall be e nd o rsed to provide that th e
Require d In s urance sh all not be s u spended, voided, reduced, canceled, o r a ll owed to exp ire except
o n 30 days' prio r w r itten n o ti ce to C ity.
17.7 Insurer Rating. Unl ess approved in wntm g by C ity , all Required
In s ura n ce s hall p laced with in s urers licensed to do business in th e State of Ca lifo rni a and w ith a
current A.M. Best rating of at lea s t A:VTTJ .
18 . DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If D eve lope r n egle c ts, refuse s, o r fa ils to fu lfi ll o r time ly co mplete
any ob ligatio n , term, or conditi o n of th is Ag r eem e n t, o r if City determines th e re is a v io lation of
an y federal , s tate, or local law, o rdinance , r egulation, code, standard , o r o th e r re quire ment, City
may a t any time thereafter decla r e D eve loper to be in defau lt o r vio latio n of this Agreement and
m a ke writte n demand upon Deve loper o r it s s urety, or both, to immediately re m e d y the default or
v iolation. Developer s ha l l commence the w o rk required to r e m e d y t he defau lt o r violation w ithin
ten (I 0) days of the written d e mand from th e C ity. If t h e default or vio lati o n co n stitutes a n
imm e diate threat to th e public healt h , safety, o r welfare, C ity may provide the d e m a nd verb a ll y ,
and Deve loper sha ll c o mmence th e required wo rk wi thin t wenty-fo ur (24) ho urs thereof.
Imm edi a te ly upon C ity 's iss u a nce o f the demand to remedy the d efault, D eve lope r and its surety
s h a ll be li a bl e to C ity for a ll costs of c o ns truct io n and install ati o n of the Publ ic Improvem en ts and
a ll other adminis trative costs exp e nse s as prov id e d f o r in Section 9.0 of thi s Ag r eem ent.
18.2 Failure to Remedy; C ity Acti o n . If the work requ ired to re medy the
n oticed default o r v io lation is no t di li gentl y prosecuted to a s ubstant ia l comp le ti o n accepta bl e to
C ity within a r eason ab le time designated by th e City, C it y m ay comp lete a ll r e maining work,
a rra n ge for the co mplet io n of all re m a in in g work, and/o r conduc t s uch reme dial acti vi ty as in its
so le and abso lute d iscret io n it be li eves is requ ire d to remedy the defau lt o r vio lation. All s uch
w ork or re medial activity s h a ll be a t the so le and a b so lu te cost, expense, a nd liab ility of Develo per
and it s s urety, without the necess it y of giving any fmther n o ti ce to D eve lo p e r o r sur ety. C ity's
r ig ht to take s uch acti ons s h a ll in no way be limi ted by the fact that Deve loper o r its surety may
h ave co ns truc te d a ny, or n o ne of th e required o r agreed upon Public Improvements at the time of
C ity 's dem a nd for p e tform a nce. In the event City e lects to complete o r a rra nge for comp le ti o n of
the rem ai ning wo rk and im p rovements, City may re quire a l l work by Develo pe r o r its s urety t o
cease in o rd e r to a l low ad equ a te coo rdin ation by City. Notwithstanding the foregoing, if
conditions precedent for revers io n to acreage can be m e t and if the interests of City w il l not be
P age 11 o f 15
prejudiced the reby, City may a lso process a revers io n to acreage and thereafter recover from
Developer o r its s urety the fu ll cost a nd ex pense incurred .
18.3 Other Remedies. No act io n by C it y purs uan t to Secti o n 18.0 et ~-of th is
Agreem ent sha ll prohibit City fr o m exercis ing a n y othe r ri g ht o r pu rs uing any other legal o r
equita bl e remedy ava il ab le und e r thi s Agreeme nt o r a ny fe d e ra l, s tate, o r lo ca l law . City m ay
exerc ise it ri g hts and rem edi es ind e pe nd en tl y o r c umul a ti ve ly, and City may pursue inconsistent
re m edi es . C ity m ay in s titute an ac ti o n fo r dama ges, injun c tive rel ief , o r s pecific performa nce.
19. GENERAL PROVISIONS.
19.1 Authority to Enter Agreem e nt. Each Party wa rrants th at th e individua ls
who have s ig ned thi s Agreement have t he lega l p ower , ri g ht, a nd autho ri ty make thi s Agreement
and bind each respecti ve Party.
19 .2 Cooperation; F urther Act s. The Patt ies sha ll fully cooperate with o ne
a nother, and s h a ll t ake a ny additiona l acts o r s ign any add it ional d ocument s as may be necessary,
a ppro priate, o r conveni e nt to atta in th e purposes of thi s Agreement.
19.3 Constructi on; References; Ca ptions. It being agreed t he P arties or their
age nt s h ave partici pated in the prep a ra ti o n o f t hi s Agree ment, the la n g ua ge of thi s Agreeme nt s ha ll
be construed s imp ly, acco rd ing to it s fa ir me a nin g, and not strictly for o r aga in st any Pa rty. A ny
te r m ref e rencing t im e , d ays, or pe r iod fo r perfo rm ance s ha ll be deemed calendar d ays an d not work
days. All refe rences to D eveloper in c lud e a ll personnel, e mpl oyees, agents, a nd s ub conParce lo rs
of D evelo per, except as otherwise s pec ifi ed in thi s Agreement. A ll refere nces to City inc lude its
e lected offi c ia ls, offi cers, e m p loyees, age nts, a nd vo lun teers except as o th er w ise s pec ified in th is
Agreement. T h e captio ns o f th e var io us arti c les a nd p aragr aphs are fo r co nveni e nce and ease of
refere nc e o nly, and do no t d e fine , limit, au g m e nt, o r describe the scope, conte nt, or inten t of thi s
A g reeme nt.
19.4 Notices. A ll notices, d e mand s, invoices , a nd written commu nicat ions sha ll
be in w ri ting and d e li vered to t he fo ll owi ng addresses o r s uch oth er ad dresses as t he Parties may
des ig nate by written no ti ce:
CITY:
C ity o f T e mpl e C ity
Attn: Bryan Cook, C ity Man ager
970 I Las Tunas Dr ive
Te mpl e C ity, Ca liforni a 91780
DEVELOPER:
T he P oon 1994 Trust
9 608 W orkm an Ave
Temple C ity, Ca 91 7 80
(2 13) 45 3 0 322
Or
Page 12 o f 15
The Poon 1994 Trust
c/o Mr. Hung Poon and Mrs. Mei Poon
208 E Newman Ave
Arcadia, Ca 91006
Depending upon the method of transmitta l, notice s ha ll be deemed received as follows: by
fac s imil e, as of the date and time sent provided the origi nal is contemporaneous ly deposited with
United States Postal Servi ce and delivered by regular mail; by messenger, as of the date de l ivered;
and by U.S. Mail fir st class postage pre paid, as of72 ho urs after d eposit in th e U.S. Mail.
19.5 Amendment; Modification. No supplement, modification, or amendment
o f this Agreemen t sha ll be bind in g unless executed in writing a nd s igned by both Parties.
19.6 Wa iver. City's fa il ure to in s ist upo n s trict compliance with any prov isio n
of thi s Agreement o r to exercise a ny r ight or pr ivilege prov ided h erei n , or City's waiver of any
breach of this Agreement, s hall not re lieve Developer of any of its obligations under th is
Agreement, wheth e r of the same or si milar type. The forego in g s h a ll be true w hether City's actions
are intentional o r unintentional. Developer agrees to waive, as a defense, counterclaim or set off,
any and all defects, irregularities o r deficienc ies in the authori zation, execution or performance of
the Public Improvements o r thi s Agreement, as well as the laws, rules, regulations, ordinances o r
res o luti ons of City with re gard s to the autho r izati o n, execu tio n or performance of the Public
I mprovem ents or t h is Agreement.
19.7 Assignment or Transfer of Agreement. Developer sha ll not ass ig n ,
hy pothecate, or tra n sfer, either directly or b y operation of la w, this Agreemen t or any interest
herein with out prior wr itten consent o f City. Any attempt to do so shall be null and void, and a n y
assignee, hypothecatee, o r transferee s ha ll acquire n o ri g ht or interest by reason of such attempted
assignment, hypothecation, o r transfer. Un less specific a lly stated to the co ntra ry in C ity's written
consent, a ny assignment, hypoth ecatio n, or tran sfer sha ll not re lease or discharge Developer from
any duty or respon s ibi lity under th is Agreement.
19.8 B in d in g E f fect. Each and a ll of the covenants a nd conditions shall be
bindi ng on and s ha ll inure to the benefit of the Patties, and their successors, heirs, personal
representatives, or assigns. Th is sectio n s h a ll not be construed as an auth o rizati o n for any Party
to assign any right or obligation.
19.9 No T hird P a r ty Ben e fi c ia ries. There are n o intended third party
beneficia ri es of any ri ght or o bligatio n assumed by the Parties.
19.10 I n va li dity; Severabili ty. If any portion of th is Agreement is declared
invalid, illegal, o r oth erwise un enforceable by a court of competent jurisdicti on, the remaining
prov is ions sha ll continue in full fo rce and e ffect.
19.11 Co n sen t to J urisdictio n and Ve nu e. This Agreement s ha ll be construed
in accordance with and govern ed by the laws of the State of Ca li fornia. Any legal action or
proceeding brought to int erpret o r e nforce thi s Agreement, o r which in any way arises out of th e
Parties' activ iti es unde rtaken pursuant to this Agreemen t, shall be fi led and prosecuted in the
appropriate Ca liforn ia State Court in the County of Los Angeles, Californ ia. Each Party waives
th e benefit of any p rov ision of state o r fed e ra l law providing for a change of venue to any oth er
Page 13 of IS
court or jurisdiction in c ludin g, wit hout li mit at ion, a cha nge of ve nu e ba sed on th e fact that a
governmental ent it y is a party to the act ion or pr oceedi ng, or that a federa l right or qu es ti on is
inv o lved or a ll eged to be in vo lved in the action or pr oceeding. Without limiting the ge nerality of
th e fo regoi ng waive r, Deve loper ex press ly waiv es any r ight to have ve nu e tr ansfe rred pursuant to
Cal ifo rnia Code of C ivil P rocedu re Sec tion 394 .
19.12 Attorneys ' Fees a nd Costs. If a ny arbitrati o n, law s uit, or other lega l ac ti on
or proce edin g is bro ught by one Pa tiy again st th e other Party in co nn ec ti o n w ith thi s Agreem ent
or the Pr ope rty, th e pr eva i ling party, whet he r by final judgment or arb itr at ion award, s hall be
entitl ed to and recover from th e othe r party all L it igation Ex pen ses. A ny judgme nt , o rder, or awa rd
entered in s uc h le ga l act ion or procee din g s ha ll co ntai n a s pec ific pr ov is ion provid in g fo r the
recovery of L iti gat io n Expenses.
19 .1 3 Relation s hip Between The Parties . The Parties here by mutu a ll y agree
that ne ith er thi s Ag reeme nt, an y map re lated to Pa rce l No. 71596 , nor an y oth e r re late d entitleme nt ,
permit, o r approva l iss ued by City for the Pr operty sha ll operate to c reate t he relat ions hip of
partners hip, j o int venture, or age ncy betwee n C ity a nd Deve lope r. Deve lo pe r 's conParcelors and
sub co nP arc e lo r s are exc lu sive ly and s o le ly under th e co ntr o l and do mini on of Deve loper. Not hing
he re in shal l be d eemed to make Deve loper or it s conParcelors a n age nt or co nP arcelor of C ity.
19.14 Co unterparts. Thi s A gree ment may be executed in co un terpart origi nal s,
whi ch tak e n togeth e r, sha ll co nstitute one and the same in st ru me nt.
19.15 Effec tive Date of Agreement. Thi s Agreement shall not become effect ive
unti l t he date it has bee n forma ll y approved by th e City and executed by th e app ro pri ate auth oritie s
of City and Deve lope r.
IN WITNESS WHEREOF, the parti es he reto have execute d th is Ag reement o n the date
and year firs t-above wri tten.
ATTEST:
Pe ggy Kuo
City C le rk
Page 14 of 15
CITY OF TEMPLE CITY
By: __________ _
Br yan Cook, C ity Manager
APPROVED AS TO FORM
By: ___________ _
Eric S. V a il
C ity Att orney
THE POON 1994 TRUST
By~'~
· Mrs . Mei P oon
It s : Princ ip a l ~t Its: Prin c ip a l ~
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 .
Pag e 15 of IS
CALIFORNIA ALL-PURPOSE ACKNO W LEDGMENT
A no t ary pu b l ic or o t h er office r completi ng t hi s ce rt ifica t e ve ri fies o nly t he identity of the individual who
sig n ed th e do cu ment, t o w hi ch t h is ce rt ifi ca t e is attached, an d not t he t r uthfulness, accuracy, or val i dity
o f th at doc ument.
St at e of Ca liforn i a }
Co unty of Los An ge l es
O n ~ ~~ '"UJIS"
Place N o tary Seal Above
w ho prove d to m e o n t he basis of satisfactory evi d en ce
t o b e th e person (s) whose name (s) lfr/are subscribed to
th e with in in strume nt and ack n owl edged to me th at
~~/th ey execu t ed t he same in M/l:ler/th eir
authorize d ca pacity(ies}, and t hat by -A+s/.R-er/th eir
signature(s } on th e i nst rume nt th e person(s), o r th e
ent it y up o n b ehalf of whic h the person(s) ac t ed,
exec uted t h e in stru me nt.
I ce rt if y under PENA LT Y OF PERJURY un d er t he la w s of
th e St ate of Cali forn ia t hat the f o r egoing pa r ag raph i s
t ru e and co r r ec t .
WITN ESS m y h an d and officia l sea l.
---------------------------OPTIONAL ----------------------------
Though the information is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
D escript ion o f Attach e d Docume nt • • •
Title of Type of Doc/Jen~~~ md
Document Da t e: ~Dl ~ ~ Number of Pages : ----+/-<tb,L__ ___ _
Sig ner(s) Other Than Named Above: --------+..JJ.:...c......j_f---------------------
Ca p aci t y(ies } Cla i m e d by Signe r(s}
Signer's Name: ---f4Jrler..=>..a'd...,_~--i~'l-"'t?z¥l~<.+-----
~ Individual
0 Corporate Office r -Title(s): _______ _
0 Partner 0 Lim ited 0 Genera l
0 Attorney in Fact
0 Trustee
0 Guardian or Con servator
0 Other:----------
Sign er is Re p res enting: ____ _
Signer's Name: ----lrtJ.I-PUa.~G~~4ft._,~..::..>£...!~<===----
~ Individual 0
0 Corporate Officer -T it le(s): _______ _
0 Partner 0 Limited 0 Gen eral
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:----------
Signer is Representing: ____ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary publ ic or other officer completing thi s certificate ve rifies only the identity of the indivi dual wh o
signed the docum en t , to which this certif icat e is attached , and not the truthfulne ss, accu rac y, or validity
of that document.
State of Californi a }
County of Lo s Angeles
On ~~-2{), 20 }~
O _ 1
1
j_ sert Name of Notary Public and Title) personallyapp eare d~t~~~~~~~~~~~~~~~~~~~~~~~~~,~~~~~~,~~~~~~~~~~~~~~'
Pl ace Notary Seal Above
who proved to me on the basis of satisfactory ev ide nce
to be the person(s) w hose name(s)..i.s/are sub sc ribed to
the w ithin in strum ent and acknowl edged to me that
~/s.A-e/t h ey exec uted the same in ~/~r /th eir
au thorized capacity(ies), and that by -A+s/Ael'/t hei r
signature(s) on th e in strum ent th e person(s), or th e
entity upon be half of which the person(s) ac t e d,
executed the instrument.
I certify under PENALTY OF PERJURY un de r th e laws of
the State of California that the forego ing paragraph is
tru e and cor r ect .
---------------------------OPTIONAL ----------~---------------
Though the information is not r equired by la w, it may pro ve valuab le to persons rely ng o n the document a nd could
prevent fraudulent r emoval and r ea ttachment o f this form to anot er document.
Description of Attached Docum~nt .
\
T i tie of Type of Docum en t: ~_Ai...,n.~~-l-.l----'..,.....J.'-#~~---dlf4::<01~~~~!\.--4ZJ:~f.-..L.~'.f/L~~~---,.-,----
DocumentDate:~~~~~~~~~~-4~~~--~~------
S igner(s) OtherTha n Named Above: ___________ ~~~------------------------------------~
Capacity(ies) Claimed by Signer(s)
S igner's Name: Jfl.d Ptnrn
'tft Individu al
0 Corp o rate Off ice r -Title(s): ______________ _
0 Partn e r 0 Limi ted 0 Ge ne r al
0 Atto rney in Fact
0 Trust ee
0 Guardi a n or Conservator
0 Other : _________________ _
S igner is Representing: _______ _
·-4. '• • • .;)'
~IJht Thu'T'Ibprlnt of Sl&ncr .(
Sign er's Name: __ f/-fri-..J.&~d1.~0.fr-+/?t_,~C<::::::......I!C-'1,,------
~ I nd ivi dual
0 Corporate Officer -Title(s): ______________ __
0 Partn e r 0 Li mited 0 Ge neral
0 Attorney in Fact
0 Trustee
0 Guardian or Conservato r
0 Other : ______________ _
Signe r is Representing: ____ __
'Rl.lht Thumbprint of Stsner
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL NO. 71596
IN THE CITY OF TEMPLE CITY COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 598 OF TRACT NO.
6561 AS PER MAP RECORDED IN BOOK 72 PAGES 34 AND 35 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 71596
1. Curbs and gutters : Construct a 5-foot sidewalk adjacent to the prop erty lines on
Workman Avenue (s treet side) and Temple Ci ty Boulevard (front), 6 inches f rom
the right-of-way line , to the satisfaction of the City Engineer. Construct new ADA
compliance driveways for the subdivision ; the existing driveway(s) to be
abandoned shall be replaced with standard curb , gutter and/or side w alk. Repair
any broken or damaged curb , gutter and pavement on streets wi th in or abutting
the subdivis ion . Additional sidewalk pop -outs in the vicinity of any above-ground
utilities will be necessary to meet the current Americans with Disabi li ties Act (ADA)
guidelines. Relocate any affected utilities .
2 . Reconstruct the e xis ting curb ramp at the intersect ion of Temple C ity Boulevard
and W orkman Avenue (sou theast corner) so t hat it complies with curre nt ADA
guide lines to the satisfa ctio n of the City Engineer.
3 . C lo se any unu sed driveways with standard curb , gutter, and sidewalk a long the
property frontage on Temple City Boulevard and W orkman Avenue to the
satisfaction of the City Engineer.
4. Construct ne w driveway approaches at the site that comply with current ADA
guidelines to the satisfaction of the City Engineer.
5 . Provide adequate sidewalk transitions at the above-ground utilities /obstructions
and driveways to meet curre nt ADA guidelines and t o the satisfaction of the City
Engineer.
6 . C onstruct all curb drains and /or parkway drains to the satisfaction of the City
Eng ineer.
7. Street Lights : subject to review and approval of the C ity Eng in ee r.
8. Street Trees : Install three (24 " box min i mum size ) Bris bane Box trees in the right-
of-way along Workman Ave nue and one 24 " box in the r igh t -of-wa y a long Temple
C ity Boulevard to the satisfaction of the City's Parks and Rec reat ion Department.
A s determined by the Director of Parks and Recreation , existi ng street trees in the
right-of-way shall be remove d and replaced if not acceptable. Sa id st re et trees
shall be planted a minimum 5 foot away from away from utility lines and me t ers.
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL NO. 71596
As evidence of understandin g th e prov is ions conta ined in th is Agreement, and of th e Devel o pe r 's
intent to comply wi t h same, the Developer ha s submitted the bel ow described security in the
amounts requ ired by this Agreement, and has affixed the appropriate s ig natures th ereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 44,000 --~------------Surety: CASHIER'S CHECK NO 20 17001147
Atto rney-in-fact:
Addres s :
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 44,000 --'------
Su rety : CASHIER'S CHECK NO 20 17001 147
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $=---0=---------------
Amount depo si ted per Cash R ece ipt No. 68/27280 Date: 10/28 /2015
·---CITY (f TEHPLE CITY
Adtllnlst r atlvc Serv ices •
626 285-21?1
Cl ty of TlliiPie Cl ty SB I 21200
10/28/2015 14 :37.:!>9.!XXl RP.g alt.V-Bit!TIIRI
Val idation Recaipt
C!IARGES-
012301
2301 PARCEL HAP 71590 S BS!XXl.OO -------------
&.0-t.olal
PA'f'HEHT-· ·:~.
Honey order·!-2011001 14'1 l BOOOO.OO
,, ..
lliANK VOO I
llustnoss Hours:
7:30-6:00 Homay throll!tl Friday
I I I l ll ll l l lf 111111
:. 0
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i
0
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1 • 1'.-, •• ;T· ~ ,. i., ........ ~· ... '( I '::: ··-· t:t;: .. ,,,_ L '_1_:.{3: .... 1.:;.:;4 i \l
. ·' ~~CATHAY sfl[1K
43 E . Vt ll cy Bl.. Alhambra. CA 9 1801
DAT E: October 28th. 2015
r,:~: ..... :;·;~=; ::..:. ttf''(::j). ·ro vr:Y' .. lJ(r ;;jj':'"i' ;.,::t ! 1-: ~·tt. o~-' ~-t •J · -~-
• . . -. . .·. :~i· .~;;~~; ~~~7~0.11 :7·
AMOUNT : "...., **·$8l3, 000. 00
PAY .EIGHTY EIGHT THOU SAND COLLARS 1\N p Z ERO CENTS • ''' "'' •••
TO
THE
ORDER
OF
CITY OF TEMPLE CITY
CASHIER'S CHECK
"
I ''. \l,_ L. ~~ 1'-l
AUTHORIZED SIGNATURE
Vood Over $88,000.00
~· 7 ~DO jO O ju•