HomeMy Public PortalAbout08) 7D Final Subdivision Map Approval Parcel Map No. 72749, 5218 Farago Avenue - CopyAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April19, 2016
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
Via: Michael D. Forbes, AICP, Community Development Director ~
By: Hesty Liu , AICP , Associate Planner
SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 72749, A
FOUR-UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION FOR THE
PROPERTY LOCATED AT 5218 FARAGO AVENUE
RECOMMENDATION:
The City Council is requested to :
1. Receive the Subdivision Improvement Agreement (Attachment "A ");
2 . Approve the final subd ivision map for Parcel Map No . 72749 (Attachment "B");
3 . Authorize the City Manager to execute the Subdivision Improvement Agreement;
and
4 . Authorize the City Clerk to cert ify Parcel Map No. 72749 .
BACKGROUND:
1. On March 27, 2014 , the City received the application proposing a four-unit
residential condominium subdivision for the property located at 5218 Farago
Avenue. The tentative parcel map submitted for the subdivision was subsequently
distributed to the City's Building Division and the Los Angeles County Fire
Department (F ire Departme nt) fo r comments and conditions of approval.
2 . On October 28 , 2014 , the Planning Commission held a public hearing to review the
project. The Planning Commission voted unanimously to approve the tentative
parcel map .
City Council
April 19 , 2016
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3 . On December 14 , 2015 , the City Engineer approved and signed the final map for the
subdivision.
4 . On January 4 , 2016 , the appli ca nt made the security deposit and signed the
Subdivisio n Improve men t Agreeme nt.
5. On March 3 , 2016 , the Covenant, Cond iti ons and Restrictions (CC&R) prepared for
the subdivision was reviewed and approved by the City Attorney .
6 . On March 17 , 2016 , the Fire Department approved the final map for the subdivision.
ANALYSIS :
The Pl anning Commission approved the tentative map at a publi c hearing on October 28 ,
20 14 . The approval was based upon the co nclusion that the project would be consistent
with the General Plan and the Zoning Code. The approved tentative map was granted an
initia l life of two years or until October 28, 2016. Now the final map prepared for the
s ubdivision has been reviewed and approved by the Fire Department and the C ity
Engineer. The Ci t y Engineer certified the map for technical accuracy and compliance with
the Subdivision Map Act. The deve loper also signed the Subdivision Improvement
Agreement and submitted the security deposit for the improvements covered by the
Agreement. Staff therefore recommends that the City Coun cil approve the final map so
t hat the developer ca n finalize the subdivision and start the development on the property .
CITY STRATEGIC GOALS:
App roval of Parcel Map No . 72749 will further the City's Strategic Goal of Economic
Deve lopment.
FISCAL IMPACT :
Approval of this item will not have an impact on the City's budget.
ATTACHMENTS:
A. Copy of the S ubd ivision Improvement Agreement
B. Copy of Parcel Map No. 727 49
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
· (Document exempt from recording fee s
purs uant to Cal . Go v. Code § 27383)
CITY OF TEMPLE CITY
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple City, California 91780
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Attachment A
THIS SPACE FOR RECORDER'S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
ANDREW CHANG and LINDA CHANG
Husband and Wife as Joint Tenants
DATED January 4, 2016
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 72749
This Subdivision Improvement Agreement ("Agreement") is entered into as of thi s 4TI-1
day of January, 2016 by and between the City of Temple City, a municipal corporation ("City ")
and Andrew and Linda Chang ("Developer"). C ity and Developer are sometimes hereinafter
individuall y referred to as "Party" and hereinafter co ll ectively referred to as the "Parti es."
RECITALS
A. Developer has submitted to City an application for approval of a final parcel map
for real property located within City, a legal description of which is attached hereto as Exhibit "A".
The parcel map is identified in City records as Parcel Map No. 72749. On 28 October, 2014, the
C ity conditionally approved Parcel No. 72749.
B. Developer has not completed a ll of the work or made all of the Public
Improvements required ·by the Subdivision Map Act (Government Code section s 66410 et ~.),
("Map Act") the City Ordinances, the conditions of approval for Parcel No . 72749, o r other
ordinances, resolutions, or p olicies of City requirin g construction of improvements in conjunction
with the subdivision of land .
C. Pursuant to City Ordinances and the app licable provisions of the Map Act,
Developer and City enter into thi s Agreement for the timely construction and completion of the
Public Improvements and the furnishing of th e security therefor, acceptable to the C ity Engineer
and City Attorney, for Parcel No. 72749.
D. City has authority to enter into thi s Subdivision Improvement Agreement pursuant
to Government Code Sections 66499 -66499.10.
E. Pursuant to Government Code Section 66499, Developer's execution of this
Agreement and the provisio n of the security are made in cons ideration of C ity's approval of the
final map for Parcel No. 72749.
DEFINED TERMS
"Developer" shall mean ANDREW AND LINDA CHANG., Husband and Wife as J oint Tenants.
The term "Developer" shall a lso includ e all assignees, to the extent permitted under this
Agreement, of the rights and o bligatio ns of Developer under this Agreement, and any successor-
in-interest to Developer having a legal and/or equitable interest in the Property.
"Estimated Costs" shall mean the City E ngin eer's approximation of the actual cost to construct
the Public Improvements, includin g the rep lacement cost for a ll landscap in g.
"Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amou nt,
actually and necessarily incurred by a party in good faith in the prosecution of an action or
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procee di ng, incl udin g, but not limited t o, co urt costs, fi ling, record ing, and service fees , copyin g
cost s, e xhib it produ ction costs, specia l medi a renta l costs, atto rneys' fees, fees fo r in vestigat ors,
w itness fees (both lay and expert), trave l exp enses, depos it ion and transcr ipt costs and any other
cost or expense, the award of w hich a co urt of competent j ur isd ict io n may determ in e to be j u st and
reaso na bl e.
"Map A ct" sh a ll m ean the Subdivis ion Ma p Act, Governm ent Code Sections 66410 et seq .
"Prop erty " s hall m e an the all of the rea l prop erty co nta ine d w ithin the bo un daries of Parce l Map
No . 72749 located in the C ity of Templ e C ity, Cali fo rni a, as is m o re particu larl y descri bed in th e
legal description a nd p a rce l d iagram attached hereto and inco rp ora ted hereby by reference at
A ttac hme nt "A ".
"Public Impro vements" sh a ll incl ude, bu t no t be lim ited to, a ll grad ing, roads, s treets, paving,
cur bs an d gu tte rs, s id ewalks, paseos, path ways, trails, san itar y sewers, uti l ities, storm drains,
de tent ion and retentio n bas in s an d other dra inage faci li ties, traffi c contro ls, la nd scap in g, street
li ghts a nd all other fac ili ties requ ired to be co nstru cted a nd de di cated to the C ity o r other p ublic
e n t ity as cond itions of approva l of Tentative Parcel Map No. 72749 and as shown in deta il on the
pl an s, and specific at ion s w hi c h have been approved by the City and in corporate d in to Parcel Map
No. 72749. T he P arties agree that the P ubl ic Improvements t o be completed by Developer are
m o re s pec ifica ll y described in t he d iagram o r pl a n attached he reto and in corporated he re in by
ref erence as A ttachment "B . Notwiths tanding, A ttachm e nt "B", D eve lo per sh a ll rem a in o bli ga ted
to co ns tru ct a nd complet e a ll of th e Publ ic Improvements required as co ndi t io ns o f app roval for
Tentative P ar cel Map 727 49.
"Required In suran ce" s ha ll mean the in sura nce req uired to be m a inta ined by Deve loper under
Secti o n 17 .
"S ec urity " shall mean surety bo nds in the amou nts and un de r the terms of Section 12 or other
sec uri ty approved b y City E ngineer or C ity Attorney.
"Parcel N o 7274 9." sha ll m ean th e fi na l ma p p repared and a pproved by the C ity for te ntat ive
p a rce l m ap n o . 72749.
"Warranty" s ha ll mean the on e-year period f o ll ow in g completion of the P ubli c Improvemen ts by
D e ve lo per and the acceptance of th e Public Im p rovem ents by the C ity in w hi ch D eve loper warrants
and gu ara ntees a ll P ublic Improvement s.
OPE RATIVE PROVISIONS
NOW, THEREF ORE, in considera ti on of t he mutua l promi ses and covenan ts made by the
p arties a nd contained h ere an d ot her cons id erati on, th e value and adequacy of w hi c h are hereby
ackn owledged, the parti es agr ee as fo ll ows :
1. E FFECTIVENESS. This Agreement sha ll not be effective unl ess and unti l a ll
fo ur (4) of the followi ng condition s are satisfi ed in t he order provid ed:
1.1 Security. D evelo per provid es C ity w ith th e Secur ity of the typ e and in the
am o unts req ui red by thi s Agreement;
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1.2 Final Map and Agreement Approval. The City Counc il of the C ity ("City
Council") approves the final map fo r Parcel No. 72749 and this Agreement;
1.3 Record Agreement. Developer a nd C ity execute the Agreement and C ity
record s thi s Agree ment in th e Recorder's Office of the County of L os Ange les; and
1.4 Record Final Map . Deve lo pe r re co rd s th e fi nal map for Parcel No . 72749
in the Reco rd e r's Office of the Co un ty of Los Ange les.
If the above des cribed co nditi ons are not sati sfi ed in the o rd e r, mann er and w ithin the time
provided und er thi s Agreement, thi s Agreement sha ll a utomatically term in ate w ithout need of
further action by either City o r Developer.
2. PUBLIC IMPROVEMENTS. D eve lop er s hall constru ct or have constru cted at
its own cost, expense, and liability the Publi c Improvements, as defined herein, within th e tim e
and in th e manner required und er thi s Agreement. Co nstruction of the Pub lic Improvements shall
include any tran s it io ns and /o r other incid e nta l work deem ed necessary for drainage o r public
s afety . The Developer s hall be respons ible for the rep lacement, re location, or rem ova l of any
component of any irrigati o n water o r sewer system in confl ict w ith th e construction or in stall ati o n
of t he Public Improvements. Such replacement, re loc ation, or removal shall be perform ed to th e
complete satisfactio n of th e City Engineer and the owner of such wate r or sewer system.
Developer further promi ses and agrees to provid e a ll equipment, tools , materials, labo r, tests,
design work, a nd engineering services necessary o r required by C ity to full y and adequately
comp lete the Public Improvements .
2.1 Prior Partial Construction ofPu blic Improvements. Where co nstru ctio n
of any Public Imp rovements has been partia ll y com pl eted prior to thi s Agreeme nt , Develop er
agrees to co mplete s uc h Public Improvements or assure their completi on in accordance wi th th is
Agreement.
2 .2 Permits; Notices; Utility Statements. Prior to co mmencing any work,
Devel oper sha ll , at its so le cost, expense, a nd liab ility, o bta in all necessary permits and approvals
and g ive a ll necess ary and in cidental notice s required for the lawfu l construction of the Publi c
Improvements a nd performance ofD eve loper's o bli gati o ns under thi s Agree me nt. Developer shall
conduct th e work in full co mpli ance wi th the re g ulati ons, rul es, and oth er r equirements contained
in any permit or approval issued to Deve loper. Pri or to co mmenc in g a ny wo rk, Develope r sha ll
file a written s tatement with the City C lerk and th e C ity Engineer, signed by Developer and each
utility w hich will prov ide utili ty serv ice to th e P ropetty, attestin g t hat Deve loper h as mad e all
deposits le ga ll y required by the ut ility for the exte ns io n and p rovis ion of utility service to the
Property.
2.3 Pre-approval of P lans and Specifications . Dev e lop e r is prohibited from
commencing work on any Publi c Improvement until a ll plan s and specificatio ns for such Public
Improvement have been s ubmitted to and approved by the City E ng in eer, o r hi s or her des ignee.
Approval by the C ity Eng in eer sha ll not reli eve D ev eloper fro m ens uring that a ll Publ ic
Improvements c o nform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work; Compliance With Laws and Codes. T he constru cti o n
plans and specifications for the Public Improvement s shall be prepared in accordance w it h a ll
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applicable federal, s tate and local Jaws, ord inances, regu la ti o ns, codes, sta ndard s, and other
requirements. The Public Improvements sha ll be complete d in acc ordance with a ll a pproved maps,
plans, specificati o ns, standard draw in gs, a nd spec ial amendments th e reto on file with City, as well
as a ll applicable fede r a l, state, a nd local laws, o rdin a n ces, regu lati ons, codes, standards, and other
re quirements a pplicable at th e time work is actua!!y co mm enced.
2.5 Standard of Performance. D eve loper and it s contractors, if an y, s hall
p e rfo rm all wo rk req uired t o construct the P ub li c Improve ments und er th is Agreement in a ski llful
and workmanl ike manner, and consi stent w ith the standards generally recogni zed as being
employed by profess ionals in the same d isc ipline in the State of Cal ifornia. Developer represents
and maintain s t hat it or it s co ntractors shall be skill ed in the professiona l ca lling necessary to
perform the work. Devel oper war rants that a ll of it s e mplo yees and contractors s hall have
sufficient s lcill a nd experience to perform th e wo rk assigned to them, and that they sha ll have all
li censes, p e rmi ts, qua lification s and approva ls of w hatever nature that are lega ll y required to
perform the work, and that s uch li censes, permi ts, qua lifications and approvals s hall be maintained
thro ugh o ut th e te rm of thi s Agreemen t.
2.6 Alterations to Improvements. A ll work sha ll be done and improvements
m ade and co mpleted as shown on approved plans and s pecifi cations, and a ny s ubsequent
a lterations thereto. If durin g the co urse of co nstruc tion and instal latio n of the Public Improvements
it is determi ned that the publi c interest req uires a lteratio ns in the Public Improvements, Deve loper
sha ll undertake s uch des ign and co nstru ctio n changes as may be reasonab ly required by C ity. Any
and a ll alterati o ns in the p la ns and s pecifi cati ons a nd th e Pub li c Improvements to be completed
may be accomplished without g ivi ng p r io r notice thereof to Developer's surety for thi s Agreement.
2.7 Other Obligations Referenced in Conditions of Tentative Ma p
Approval. In ad di t ion to the forego in g, Dev elo p er s ha ll sati sfy a ll of the conditi ons of approva l
o n the tentative map for th e Property. T he co ndi tions of approva l which have no t been satisfi ed
prior to the date of thi s A greement ar e id enti fied on Exhibit "D" hereto.
3. MAINTENANCE OF PU BLIC IMPROVEMENTS AND LANDSCAPING .
C ity shall not be resp ons ib le or liable for the maintenance o r ca re of the Publ ic Improvements until
C ity formally a pproves a nd accepts them in acco rd ance w ith its policies a nd procedures. C ity sha ll
exerci se n o control over th e Public Improvements unt il approved and accepted . Any use by any
p e rso n of the Publi c Improvemen ts, or a ny po rti o n t he reo f, s ha ll be at the so le and excl usive r isk
of the D evelop er at a ll time s prior to C ity's acceptance of the Publ ic Improvements . Developer
s ha ll maintain a ll the Pu b li c Improvements in a state of good repa ir unti I they a re completed by
Develo per and approved and accepted by C ity, and u ntil the securi ty for the p erformance of t hi s
Agree me nt is relea sed . Maintenance s ha ll in c lu de, but s ha ll not be li mited to, repair of pavement,
curbs, gu tters, s idewalks, s ignal s, p arkways, water ma in s, and sewers; ma intaining a ll landscapin g
in a vi go rous a nd thriv ing c ondit ion reasona bly accepta ble to C ity; remov al of debris from sewers
and st orm dra in s; a nd sweep ing, repairing, a nd maintaining in good and safe condition all streets
a nd street improveme nts. It sha ll be D eve lo pe r 's respons ibility to initi ate a ll m ain tenance work,
but if it shall fa il to do so, it shall promptly perform s uc h m a intenance work when notified to do
so by C ity. If D evelo per fa il s to properl y prosecut e it s mai ntenan ce o bl igati o n unde r thi s secti on,
C ity may do a ll wo rk necessary for s uch ma inte nance an d th e cost thereof shall be the
re sponsibility of D eveloper and its s urety under thi s Agreement. City shall not be responsib le or
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liable fo r an y damages or injury of any nature in a ny way related to o r caused by the Public
Improveme nts or their condition prio r to accept ance.
4. CONSTRUCTION SCHEDULE. Unl ess extended pursuant to this Section 4.1
of this Agreement, Developer shall fully a nd adequately co mplete o r have completed the Public
Improvements within 2 years (24 months) fo ll owing approva l of the final map fo r P ar ce l Map
No. 72749 or prior to the final date of the construction permits, whichever occurs first.
4.1 Extensions. City m ay, in its so le and a b so lute discreti o n , provide
Deve lo p er w ith a dditiona l time within which t o co mpl ete the Public Improveme nts. It is
und e r st ood that by providing the Security required under Section 12.0 et seq. of thi s Agreement,
Developer and its s urety consent in a dva nce t o a n y extension of time as m ay be g iven by C ity to
Develope r, and waiv es any and a ll ri g ht to notice of s uch extension(s). Developer's acceptance of
an extension of time granted by C ity shall con stitute a waiver b y Develop er and its s urety of a ll
defense of laches, estoppel, s tatutes of l imitatio ns, a nd othe r limitatio n s of action in a n y actio n o r
p roceeding fi led by C ity fo ll owin g th e d a te o n wh ic h t h e Publi c Improvem e nts wer e to h ave b een
completed he r eunde r . In ad dition, as consideration for granting s uc h exten sion t o D eveloper, City
reserves t he ri ght t o review the provis ions of thi s Agreement, including , but n ot limited to, the
construc ti o n stan dard s, the cost estimates establ ished by City, and the s ufficiency of th e
improvement security provided by Develo per, and to require a djus tments t he r eto when warranted
according to City's reasonable di scretion.
4.2 Accrual of Limitations Period . Any limi tations p eriod provided by law
related to breach of this Agreem e nt or the terms the r eof shall not accrue until Deve lo per has
provided the City E ngineer w ith written n otice of Develo per's intent to abandon or o therw ise not
c o mplete re quired or agreed upon Public Improveme nts .
5. GRADING. Developer agrees that any a nd a ll grading d o ne or to be d one in
c o njunctio n w ith con struction of th e Public Improvem e nts or deve lopme nt of Parcel Map No.
72749 sh a ll conform to all federal, state, a nd loca l laws, ordinances, regulatio n s, a nd other
requirements, including C ity's grading reg ulatio ns. Al l grading, landscaping, a nd construction
activities sh a ll be performe d in a manner to contro l eros io n and prevent fl ooding pro bl e m s. The
C ity Engineer s ha ll have t h e a uth o rity to require eros ion plans to prescribe reasonable contro ls on
th e metho d , m a nne r , a nd time of grading, landscaping, a nd construction activiti es to preven t
nuisances to surrounding properties. Plans shall include witho ut limitation tempo rary dra inage
a nd erosion control requirements, dust control procedures, restricti o n s o n truck and oth er
cons truction traffic routes, noise abatem e nt pr0cedures, s torage of materials a nd e quipment,
removal of garb age, tras h, a nd refuse, secur ing the j o b s ite to preve nt injury, a nd s imil a r matte rs.
In order to prevent damage to the Public Improvem e n ts by impro per drain age or other hazards, th e
grad ing shall b e complet e d in accordan ce with th e time schedule for completio n of th e Public
Improveme nts e stablis h ed by this Agreement, and prior t o City's approval and acceptance of the
Publ ic Improvements and re lease of the Security as set forth in Sectio n 12.0 et ~· of thi s
Agreement.
6. UTILITIES. Developer sha ll provide ut ility services, in c luding water, sewer,
power, gas, and telepho ne service t o serve each p arcel, lot, o r unit o f land w ithin Parcel No. 72749
in accordance w ith a ll applicabl e federal, stat e, and local laws, rul es, and regul atio n s, including,
but not limite d to, the reg ul ations, schedules and fees of th e utili ties or agenci es providing such
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services. Except for commerc ial or industri al properties , D eveloper shall also provide cable
televi sion fac iliti es to serve each parcel, lot , or unit of land in accordance w ith all applicable
federa l, state, and local laws, rule s, an d re gu lati ons, including, but not limited to, the requirements
of the cable co mpany possessing a va lid franchi se with City to provi de s uch service within City's
jurisdictional limits. A ll utili ties s hall be installed underground.
7. FEES AND CHARGES. Develo per sha ll , at its sole cost, expense, and liabi li ty,
pay all fee s, charges, and taxes ari sin g out of con structi o n of the Public Improvements, inc lud in g,
but not limi te d to, all p lan check, de s ign review, engineering, in spection, and other serv ice fees,
and any impact or co nnection fees established by City ordinance, reso lu tion, regulati on, or policy,
or as established by C ity re la ti ve t o Parce l No. 72749, or as required by othe r governmental
agencies having j ur is diction over Parcel No. 72749.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS . Developer sh all, at its
so le co st, expen se, and li ability, and at a ll times durin g co nstruction of the Public Improvem ents,
maintain rea so na ble and safe facilitie s and provide safe access for inspection by City of the Public
Improvements and areas where constru ctio n of the Pub li c Improvements is occ~rring or will occur.
If the C ity in spector requests it , the D eveloper at any t ime before acceptance of the Public
Improvements sha ll remove or uncover s uch p o rti o ns o f the fini shed work as m ay be directed
which h ave not previous ly been in spected. After exam in ation, the Developer shall restore said
portions of the work to the sta nd ard s req uired hereund er. In s pection or s upervisio n b y the C ity
shall not be co nsi dered as d ire c t contro l of the indiv idu a l workme n on the job site. C ity's in spector
shall have the auth ority to stop a ny and all work not in acco rd ance with the requirements contained
or referen ced in this Agreement. The in spection of the work by City sha ll not relieve Deve loper
or the contracto r of any o bli gations to fu lfill thi s Agreement as herein prov id e d, and unsuitable
materials or work may be rejected no twithstandin g that s uch materia ls or wor k may have been
previo usly ove rl oo ked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fai ls to construct and in stall all or
any part of the Public Improvements w ithin the time required by this Agreement, or if D eveloper
fail s t o co m ply w ith any othe r ob li gation contain ed here in , Developer and its s urety shall be jointly
and sever ally li ab le to City for all a dministrative expenses, fees, and costs, incl udin g reasonable
attorney's fee s and costs, in curred in o btain in g compli an ce w ith th is Agreement or in processing
any l egal acti on or for any other rem edies permitted by law.
10 . ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. T he C ity Co un cil may, in its so le a nd abso lu te di scretion , accept fully completed
p ortio ns of the Publi c Improvements prior to s uch time as a ll of the Public Improvements are
co mplete , which shall no t re lease or modi fy D eveloper's ob ligation to complete the remainder of
the Publi c Improvements within t he time required by thi s Agreement.
10 .1 D eveloper 's Notice of Completion . Upon the tota l or partial acceptance
of the Publi c Imp rovements by C ity, Develo pe r s ha ll fi le with the R ecord er's Office of the County
of Los Angeles a notice of completion for the accepted Public Improvements in accordance with
Cali fornia Civil Code secti on 3093, at w hich time the accepted P ublic Improvements s h all become
the so le and excl usive pro perty of City w ithout payment therefor.
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10.2 City Acceptance ofPublic Improvements . If Parcel Map No. 72749 was
approved and recorded as a s ingle phase map, City shall not accept any one or more of the
improvements until all of the Public Improvements are completed by Developer and approved by
City. Iss uance by City of occupancy permits for any buildings or structures located on the Property
shall not be construed in any manner to cons titute City's acceptance or approval of any Public
Improvements.
10.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoin g, C ity may not accept any Public Improvements unless and until
Developer provides one ( 1) set of "as-built" or record drawings or plans to the City Engineer for
a ll such Public Improvements . The drawings shall be certified and shall reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer here by warrants and guarantees
all Public Improvements against any defective work o r labor done, or defective materials furnished
in the performance of this Agreement, includin g th e maintenance of all landscaping within the
Property in a vigorous and thriving condition reasonably acceptable to C ity, for a period of one (1)
year following comp letion of the work and acceptance by C ity. During the Warranty, Developer
shall repair, replace, or reconstruct any defective or otherwise un satisfactory portion of the Public
Improvements, in accordance with the current ord inances, reso lutions, regu la tions, codes,
standards, or other requirements of City, and to the approval of the City Engineer. All repairs,
replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability
of Developer and its surety. As to any Public Improvements which have been repaired, replaced,
or reconstructed during the Warranty, Deve loper and its surety hereby agree to extend the
Warranty for an additional o ne (1) year period following City's acceptance of the rep aired,
replaced, or reconstructed Public Improvements. Nothin g herein shall relieve Developer from any
other liability it may have under federal, state, or loca l law to r epair, replace, or r econs truct any
Public Improve ment following expiration of the W arranty or any extension thereof. D eveloper's
warranty o bli gation under thi s section sha ll survive the exp iration or termination of this
Agreement.
12. SECURITY; SURETY BONDS . Prior to City's approval and execution of this
Agreement, D eveloper shall provide C ity with surety bonds in the amounts and und er the terms
set forth below. The amount of the Security shall be based on the City Engineer's Estimated Costs.
If City determines at any time prior to Developer's comp letion of the Publ ic Improvements under
Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estim ated Costs
have changed, Developer s hall adjust the Security in the amount requested by City. Developer's
compliance with this provision (Section 12.0 et se q.) s hall in no way limit or modify Developer's
indemnification obligation provided in Section 16.0 of thi s Agreement.
12.1 Performance Bond. To g uarantee the faith f ul performance of the Public
Improvements and a ll the provi s ions of this Agreement, to protect City if Developer is in default
as set forth in Section 18.0 et ~·of this Agreement, and to sec ure Deve loper 's one-year guarantee
and warranty of the Public Improvements, including the maintenance of all land scaping in a
vigorous and thriving condition, Developer shall provide City a faithful performance bond in the
amount of seventhousandfivehundred ($7,500), which s um shall be not less than one hundred
percent (100%) of the Estimated Costs.
Page 7 of 15
12.2 Partial Release. The City Council may, in its sole and absolute discretion
and upon recommendation of the City E ngineer, partially release a portion o r p ortions of the
Security provided under thi s section as the Public Improvements are accepted by City, provided
that Developer is no t in default on any provision of this Agreement or conditi o n of approval fo r
Parcel Map No. 72749, and the total remaining Security is not less than twenty-five percent (25%)
of the Estimated Costs. All Security provided under this section shall be released at the end of the
Warranty period, o r any extension there of as provided in Section 11.0 of thi s Agreement, provided
that Developer is not in default on any provision of thi s Agreement o r conditio n of approval for
Parcel Map No . 72749.
12 .3 Labor & Material Bond. To sec ure payment t o the contractors,
s ubcontractors, laborers, material men, and other p ersons furnishing labo r, materials, o r equipme nt
for performance of the Public Improvements and this Agreement, Developer shall provide City a
la bor and materials bond in the amount of seventhousandfivehundred ($7,500), which sum shall
not be less than one hundred percent (100%) of the Estimated Costs. The Security provided under
this section may be released by written authorization of the City Engineer after six (6) months
from the date C ity accepts the final Public Improvements. The amount of such Security sha ll be
reduced by the total of a ll stop notice or mechanic 's lien c laim s of which City is aware, plus an
amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated
administrative and legal expenses arising o ut of s uch clai ms.
12.4 Additional Requirements. The surety for any surety bonds provided as
Security sha ll have a current A .M. Best's rating of no le ss than A:Vlll, be a bank or insurance
company licensed to transact surety bus iness in California, and shall be satisfactory to City. As
part of the obligation secured by the Security and in addition to the face amount of the Security,
the Developer or its surety shall secure the costs and reasonable expenses and fees , including
r easonable attorney's fees and costs, incurred by City in enforcing the obligations of this
Agreement. The Developer and its s urety stipulate and agree that no change, extension of time,
alteration, or addition to th e terms of this Agreement, the Public Improvements, or the plans and
spec ifications for the Public Im provements shall in any way affect its obligation on the Security.
12.5 Form of Security. The evid ence of the Security s hall be provided on the
forms set forth in Attachment "C", unless o ther forms are deemed acceptab le by the C ity E ngineer
and the City Attorney, and when s uch form s are comp leted to the satisfaction of C ity, the fo rms
a nd evidence of the Security sha ll be attached hereto as Attachment "C" and incorporated here in
by thi s reference.
12 .6 Develop er's Liability. Whi le no action of Developer s hall be required in
o rder for C ity to realize o n its security under any Security instrum ent, Deve loper agrees to
cooperate with C ity to fac ilitate City's reali zatio n under any Security instrument, and to take no
action t o prevent C ity from such realization under an y Security in strument. Notwithstanding the
g ivin g of any Security instrument or the s ub sequent expiratio n of any Security instrument or any
fai lure by any s urety or financial in stituti o n to perform its obligati ons w ith re spect thereto,
Deve loper shall be personall y li ab le for p erforman ce und er this A greement and for payment of the
cost of the lab or and material s for the improvements required to be constructed or in stalled hereby
and sha ll , within ten (10) days after written demand therefor, deliver to City such substitute
Security as City shall require sati sfying the requirements in this Sect io n 12 .
Page 8 of I S
13. MONUMENT SECURITY. Prior to City's execution of this Agreement, to
guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot
corners, and street centerl in e monuments for P a rcel Map No. 72749 in comp liance w ith the
applicable provisions of City 's Municipal and/or Development Code ("Subdivision Monuments"),
Developer shall depo s it cash with City in the amount of Zero Dollars ($0), which sum sha ll not
be less than one hundred percent (100%) of th e costs of setting the Subd iv ision Monuments as
determined by the City E ng in eer. Said cash dep os it may be relea se d by written authorization of
the City Engineer after all required Subdiv is ion Monuments are accepted by the City E ng ineer,
City has received written acknow ledgment of payment in full from the engineer or s urveyor who
set the Subdivision Monuments, and provided Devel oper is not in default of an y provi s ion of thi s
Agreement or condition of approval for Parcel Map No. 72749 .
14 . LIEN. To sec ure the timely performance of Developer's obligations under this
Agreement, including tho se obligations for which security has been provided purs 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 s ome other governmental agency for a public
purpose. As to Developer's defau lt on those obligations for wh ich security has been provided
pursuant t o Sections 12.0 et ~· and 13.0 of thi s Agreement, C ity shall first attempt to collect
agai nst s uch sec urity prior to exercising its rights as a contract li enho lder under thi s section.
15. SIGNS AND ADVERTISING. Developer understand s and agrees to City's
ord in ances , regu lations, and requirements governing s igns and advertising structures. Developer
hereby agrees with and co nsents to the s ummary removal by City, without notice to Devel oper, of
all signs or oth er advertising structures erected, placed , or situated in viol at ion of any City
ordinance, regulation, o r other requirement. Removal shall be at th e expense of Developer and its
surety. Developer a nd it s surety s hall inde mni fy and ho ld City free and harmless from any claim
or demand arising o ut of or incident to signs, advertising s tructures , or their removal.
16 . INDEMNIFICATION. Developer shall defend, indemn ify, and hold harmless
City, it s e lected officials, officers, employees, and agents from any a nd a ll actual or alleged claims,
demands, causes of action , li abi li ty, loss , dama ge, or injury, to property or persons, in c ludin g
wron gful death , whether imp osed by a court of law or by administrative action of any federal,
state , or local governmental body or agency, arising out of or in ci dent to any acts, omissions,
negligence, o r willful mi sconduct of Developer, its personne l, employees, agents, or contractors
in connection with or arising o ut of construction or maintenance of the P ubli c Improvements, or
performance of this Agreement. T his indem nification inc ludes, without limitation, the payment
of a ll p enalties, fines , judgments , awards, decre es, attorneys ' fees , and re lated costs or expens es,
and the reimbursement of City, its e lected officials, officers, employees, and/or agents for all lega l
expenses and costs incu rred by each of them. This indemnificat io n excludes only s uch portion of
any claim, de mand, cause of action , liability, loss, damage, penalty, fine , or injury, to property or
persons, including wrongfu l death , w hich is caused so lely and exclusively by the gross negligence
or w illfu l misconduct of City as determ in ed by a court or administrative body of competent
jurisdiction. Deve loper's ob li gation to indem ni fy City s ha ll survive the exp iration or termination
of thi s Agreement, and shall not be restricted to insurance proceeds, if any, received by C ity , it s
e lected officials, officers , employees, or agents.
Page 9 of IS
17. INSURANCE.
17.1 Types; Amounts. D evelop er sha ll procure and maintain , an d shall requ ire
it s con tractors to procure an d mai nta in , during co nstru ctio n of any Pub! ic Improvemen t pursuant
to thi s Agreement, insurance of the typ es a nd in the amoun ts described be low. If any of the
R equi red Ins urance contain s a ge neral aggregate li mit, such ins urance s ha ll a pply separately to
thi s Agreement or be n o less th an two tim es the s pecified occurrence li mit.
17.1.1 General Liability . D eve loper and its contractors sh all p rocure and
ma intain occurrence versio n ge neral li abili ty insurance, or equivalent form , with a combined si ng le
limit of n ot less than $3,000,000 per occurre nce fo r bod il y inj ury, perso nal inj u ry, and property
dam age.
L 7 .1.2 Business A utomobile Liability. D eve loper a nd its co ntracto rs s hall
proc ure a nd mainta in bu sin e ss a utomobil e liabili ty in s ura nce, or eq u ivalen t form, w ith a combined
s ingle li mi t of not less tha n $1,000,000 pe r occurrence. S uch insurance sha ll inc lud e coverage for
t he own e rs hip, operation, maintenance, use, loa d ing, o r un loading of any vehicle owned, lea sed,
hired, or bo rrowed by th e in sured or for w hi c h th e ins ured is resp onsible.
17.1.3 Workers' Compensation. Deve lop er and it s contractors sha ll procure and
m a inta in workers' compensatio n in s uran c e with limits as required b y th e Labor Code of the State
of Cali fo rni a and employers' li ab ili ty ins uran ce w ith limits of not less tha n $1,000,000 per
occurrence, at a ll t im es durin g wh ich in s ured retain s emp loyees.
17 .1.4 Professiona l Lia bility. Fo r an y cons ul ta nt or othe r profess ional who will
e ngineer or des ign the P ublic Improve me nts, li ab il ity insurance for errors and om iss ions with
limits not less tha n $1,0 00,000 per occ urrence, sh a ll be proc ured and mai ntai ned for a period of
fi ve (5) years fo ll owing com p le t io n ofthe Public Improvements . Such in s urance shall be endorsed
t o include co ntractu a l liabili ty.
17.2 Deductibles. Any deductibles or se lf-in sured retentions must be declared
to and approved by C ity. At the option of C ity, e ither: (a) the in s urer s ha ll red uce or el iminate
s uch deductibles or self-in sured r ete nti o n s as res pects C ity, its e lected officia ls, officers,
e mployees, agents, a nd v ol unteers; or (b) Developer a nd it s con tractors s hall provide a financia l
g uarantee sa ti sfacto ry t o C ity g uaran teeing paymen t of losses an d related in vestigation costs,
claims, an d a dm ini strati ve a nd defense expenses .
17.3 Additional Ins ured; Separation of Insured s. T he Requ ired In s urance
shall name City, its elected officia ls, o ffic ers, employees, agents, and volunteers as additi o na l
in s ure d s with respect t o wo r k performed b y or o n behalf of D eveloper or its contractors, inc luding
mate ri a ls, pa rt s, o r equipmen t furn ished in co nnection the rew ith. The Requ ired Ins urance s hall
contain st and ard sep a ratio n of in s ured prov is ions, and sha ll conta in no special lim itati ons on the
scop e o f its p r o tecti on t o City, its e lected offici a ls, officers, empl oyees, agents, and voluntee rs.
17.4 Primary Insurance; Waiver of S ubrogatio n . The Req uired In s urance
sha ll be primary w ith respect to any in s ura nce or self-ins ur an ce p rograms covering City, its e lected
officials, officers, e mpl oyees, agents, and vo luntee rs. A ll po li c ies for t he Requ ired In surance s ha ll
provide that the in suran ce co mpany waives a ll ri ght of recove ry b y way of s ub rogatio n against
C ity in co nn ection w ith any dam age or h a rm covered by s uch po li cy.
Page 10 of 15
17.5 Certificates; Verification. Deve loper and its contractors shall furni s h City
with original certi ficates of in surance and e nd orsements effecting covera ge fo r the Required
In surance. T he certificates and endorsements for each in surance p o li cy sha ll be s igned by a p erson
a uthori zed by that in surer to bind coverage o n its beha lf. All certificates and end o rsements mu st
be received and approved by C ity before work purs uant to th is Agreement can beg in . City reserves
the right to req uire complete, certifi ed copi es of a ll req uired insuran ce po licies, at any time.
17.6 Term; Cancellation Notice. D eveloper and its contractors sha ll maintain
th e Required In surance for the term of thi s Agreement a nd shall repl ace any certificate, policy, or
e ndo rsement w hi c h will expire prior to t hat date. A ll pol icies shall be endorsed to provi de that the
Required In surance shall not be s usp end ed , voided , red uced, can celed , o r allowed to expi re except
o n 30 days' prior w ritten notice to Ci t y.
17.7 Insurer Rating. U nl ess approved in wntmg by C ity, all R equired
In s urance shall placed w ith in s urers licensed to do bu s iness in the State of Cali fo rni a and with a
c urre nt A.M. Best rating of at least A:VIII .
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Develope r neglects, refuses, or fai ls to fulfill or tim e ly complete
a ny obligation, term, o r conditi on of thi s Agreement, or if C ity determines there is a vio lati on of
a ny f ederal, state, or local law, ordinance, reg ulati on, code, standard , or othe r req uirement, C ity
m ay at any time thereafter declare Developer to be in de fau lt or violation of this Agreement a nd
make written de m and up o n Developer or its surety, o r both, to immediately remedy the default or
v io latio n. Deve loper sh a ll commence the work rquired to remedy the defauJt o r violatio n within
t en (10) days of th e written demand from the City. If the default or violation constitutes a n
immediate threat t o the public health, safet y, or we lfare, C ity may provide the d e ma nd verba ll y,
a nd Developer s hall commence the re quired wo r k w ithin twenty-four (24) hours thereof.
Immediatel y upo n C ity's issua nce of th e demand to remedy the default, Developer and its s urety
s hall be li able t o C ity for all costs of construction and in sta ll ati on of the Public Improvements and
all othe r admini strative co st s exp en ses as provided for in Section 9.0 ofthi s Agr ee me nt.
18.2 Failure to Remedy; City Action . If th e work required to remedy the
noticed defa ult o r v io lati on is not diligent ly prosecuted to a subs tantial completio n acceptable to
C ity within a reasonabl e time designat ed by th e C ity, C ity may complete all remaining work,
arr ange for th e completion of a ll remaining work, and/o r conduct s uch remedia l activity as in its
so le an d absolute di screti on it beli eves is req uired to remedy the default o r v io lat ion. All such
work o r remedial activity s ha ll be at the so le and absolute cost, expense, and li ab ili ty of Developer
and its surety, w itho ut th e necess ity of g ivin g any furthe r notice to Deve loper or s urety. City's
rig ht to take su ch actions sha ll in no way be limited by t he fact th at Developer or it s s urety may
h ave constructed any, o r none of the required or agreed up on Public Improvements at the time of
C ity's demand for performance. In th e event C ity e lects to co mplete or arrange for completion of
the rem aining work and improvements, C ity may requ ir e a ll work by Developer or its surety to
cease in order to allow adequate coordinatio n by C ity. Notwithsta nding the fo rego in g, if
conditions precedent for rever sion to acreage can be met a nd if the interests of C ity w ill not be
prejudice d th ereby, City may al so process a r evers ion to ac rea ge and thereafter recover from
Developer or its s urety th e full cost and expense in curr ed .
Page 11 of lS
18 .3 Other Remedies. No action by City pursuant to Section 18.0 et ~-of thi s
Agreement shall prohibit Ci ty from exercising any other right or purs uing any other lega l or
equitable remedy ava ilable under thi s Agreement or any federal, state, or loca l law. City may
exercise it ri ghts and remedies independently or cumulat ively, and City may pursue inco nsistent
remedies . C ity may institute an actio n for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19.1 A u t h ority to Enter Agreement. Each Party warrants that the individuals
who have s igned this Agreement have the lega l power, right, and authori ty make thi s Agreement
and bind each respective Party.
19.2 Cooperation; Further Acts. T he Parties shall full y cooperate with one
another, and sha ll take any additional ac ts or s ign any additio nal documents as may be necessary,
appro priate, or convenient t o attain the purposes of this Agreement.
19.3 Construction; References; Captions. It bein g agreed the Parti es or their
agents have participated in the preparation of thi s Agreeme nt, the language of this Agreement shall
be construed si mply, according to its fai r meaning, and not strictly for o r against any Party. Any
term referenc in g time, days, or period for performance shall be de emed calendar days and not work
days. A ll refer ences to Developer in c lude all personnel, emp loyees, agents, and sub contractors of
Developer, except as otherwise specified in thi s Agreement. All references to City in clude its
elected offic ia ls, officers, employees, agents, and vo lun teers except as otherwise spec ified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference on ly, and do not define, limit, augment, or describe th e scope, content, or intent of thi s
Agreement.
19.4 Not ices . All notices, demand s, invoices, and wri tten communic ations shall
be in writing and delivered to th e following addresses or such other addresses as the Parties may
des ignate by written notice:
CITY:
City of Templ e City
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple City, California 9 1780
DEVELOPER:
Andrew Chang and L inda Chang
130 W Huntingto n Drive
Arcadia, Ca 91 007
Depending upon th e meth od of transmitta l, notice sha ll be deemed received as fo ll ows: by
facsimile, as of the date and time sent provided the original is contemporaneously depo s ited with
United St ates Postal Service and deli vered by regular mail; by m essenger, as of the date delivered ;
and by U.S. Mai l first class postage prepaid, as of 72 ho urs after deposit in the U .S . Mail.
Page 12 of 15
19.5 Amendment; Modification . No supplement, modification, or amendment
of thi s Agreement shall be binding unle ss executed in writ in g and signed by both Parties .
19.6 Waiver. City's failure to insist upon strict compliance with any provi s ion
of this Agreement o r to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, s hall not relieve Developer of any of its obligations under this
Agreement, whether of the same or similar type. T!1e foregoing s ha ll be true whether City's actions
are intenti onal or unintentional. Developer agrees to waive, as a defense, counterclaim or set off,
any and all defects, irregularities o r deficiencies i n th e authorization, execution or performance of
the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or
re solutions of City with regards to the author izati on, execution or performance of the Public
improvements or this Agreement.
19.7 Assignment or Transfer of Agreement. Developer shall not assign ,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so sha ll be null and vo id , and any
assignee, hypothecatee, or transferee sh a ll acqu ire no right or interest by reason of s uch attempted
assignment, hypothecation, or transfer. Un less s pecificall y stated to the contrary in City's written
consent, any assignment, hypothecation, or tran sfer s hall not release or discharge Deve loper from
any duty or responsibility under this Agreement.
19.8 Binding Effect. Each and a ll of the covenants and conditions shall be
binding on and s hall inure to the benefit of th e Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be con strued as an authorization for any Party
to assign any right or ob i igat ion.
19.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obli gation assumed by the Parties.
19.10 Invalidity; Severabili ty. If any portion of this A greement is declared
inva lid , illegal, o r otherwise unenforceab le by a court of competent jurisdiction, the remaining
provisions s hall continu e in full force and effect.
19.11 Consent to Jurisdiction and Ven u e. This Ag reement sha ll be construed
in accordance with and governed by the laws of the State of Cali fornia. Any legal action or
proceeding brought to in terpret or enforce thi s Agreement, or which in any way arises out of the
P arties' activities undertaken pursuant to this Agreement, sh a ll be filed and prosecuted in the
appropriate Californ ia State Court in the County of Los Angeles, Ca lifornia . Each Party waives
the benefit of any provision of state o r federal law providing for a change of venue to any o ther
court or jurisdiction including, without limitation, a change of venue ba sed on the fact that a
governmental entity is a party to the action o r proceeding, or that a federal ri ght or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoin g waiver, Developer express ly waives any right to have venue transferred purs uant to
Californ ia Code of C ivil Procedure Secti on 394.
19.12 Attorneys' Fees and Costs. If any arbitration, lawsu it, or ot her legal action
or proceeding is brought by o ne Party against the other Party in connection with this Agreement
or the Property, the prevailing party, whether by final judgment or arbitration award, shall be
Page 13 of lS
entitled to and recover from the other party a ll Litigati on Expenses. Any judgment, o rd er, or awar d
e ntered in such legal action or proceeding shall contain a sp ecific provisio n providin g for the
recover y of Litigatio n Exp en ses.
19.13 Relationship Between The Parties . The Parties hereby mutually agree
that n e ith er thi s Agreeme nt , any map re lated to Parcel Map No. 72749, nor a ny oth er re lated
entitlem e nt , permit, or approval iss ued by C ity fo r t he Property s hall operate to create th e
re lati onship of p artnership, joint venture, or agency between City a nd Developer. Deve loper's
contractors and subcontract ors are exclu s ively and so le ly under the co ntrol and dom in ion of
Deve loper. Nothing herein s ha ll be dee med to make Deve loper or its contractors a n agent or
contractor of City.
19.1 4 Counterparts. T hi s Agreement may be executed in counterpart origi nal s,
w hic h taken together , shall constitute o ne and th e same in strument.
19 .1 5 Effective Date of Agreeme nt. Thi s Agre em ent sha ll not become effective
until the date it has been formally approved by th e C ity and executed by the appropriate a uth orities
of City and Developer.
IN WITNESS WHEREOF, th e parties he reto have executed th is Agreement on the date
a nd year fir st-above w ritten.
ATTEST:
By: ______________________ _
P eggy Kuo
C ity C lerk
APPROVED AS TO FORM
By: ________________________ ___
Eric S . Vai l
C ity Attorney
Pa ge 14 of 15
CITY OF TEMPLE CITY
By: ____________________ __
Bryan Cook, C ity Manager
NOTE:
--z~ B y : ______ ~--------~~-----
L inda Chan g
D evel op er
DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZE D, 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 lS
CAUFORNJA All-PURPOSE ACKNOWLEDGMENT
111*111*111*111*111*111*1111*111*111*111*111*111*1111*111*111*111*111*111*1111*111*1*1*111*111
A notary public: or other officer completing· this certificate vertfies: only t he identity of ~e individual who
signed the document. to which this certificate is attaDhed , and oot the truthfulness~ a<:·c::uracy, or val idity
of that document.
Stat·e of Ca lifornia }
County of lo5 Angeles _
.;)_ /) ( 6 \before me, 1/J uJ Gr Y u,::. '/EuJCr ( IJ OTA?'I Pu/3LJ c.. •
fJns«'t JVGm.;. of Nat:D.IJ' Public rmd Td/Qj
,personaiBy .appeared --L..!.B CL>.N<..t:.J)::.Lffi:!..l....oZJ.LI _ _,.S::..LI-I..!....I.&="'""")'------'C-.........tt'-"BLJ..;tJ><-6:..L..r ______________ _
who proved to me ·on the basis of satisfattory evidence
to be the person~ whose nam$} is/Mf! subscribed to
the within instrument and admowledged to me tl'lat
he{she'ftA-ey executed the same in his/b6/their
authorized capacity(~, and ~at by his/00/tbeir
signature(S) an ithe ins:t!rume:nt the person{s), ·or the
enttty upon be'half of whi m the pe150 n(s) atted,
exeruted theijnstrument.
I certify under PENALlY OF PERJ URY under t he laM of
the State of Califom'ia that the foregoing parawaph is
trtU e and correct.
WITNESS my hand and o~l.seal.
Signature uJ /i 1!<2 ¥ff ~
(Sig,nat~:tn~-NabN"j
---------------------------·OPnONAl --------------------------JJrough the information is nst lEqfJin:d by law .. it may prove valuable to persons relying on the document .and rouid
prevent l~t removaJ and reattaci'tment of this form to .another: ocument.
Description -of Attached ()ocument
T~eofTypecl O~mem : ____________________________ ~~--------------------------
D~mE~Da~:--------------------------------~~
SigneJ1s) OI:Fter lban Named Above:----------------~---------------------------------
Capacity~ies) Claimed by S ignel(s)
~gnelsN~e: __________________ ~~--
0 1ooivrd 111al
D Cocpo ~r.~te Offi~ -Tro1e{s}:~~;;;;-~~
D Pame>r D Liimited D rGe~
D Attomey in Fact
D Trustee
Sig.ne:rrsiName : -------------------------
0 Individua]
D Corporate Officer-litre(s ): ~;.;j'i====-0 IP'a rtner D Limited 0 Ge111Er:al
D Attorney mn Fact:
D Trustee
D Gua:rdi;a n o.-Cons:ervaro.-
0 Ott.er: -----------------
Sig::ner ~s. Repn5eJTting: ---------
CAUFORN~A All-PURPOSE ACKNOW LEDGMENT
'''*'''*'''*'''*'''*'''*''''*'''*'''*'''*'''*'''tllll*'''*'''*'''*'''*'''*''''*'''*'''*'''*'''
A notary public or other officer oo:mp1eting tfljs certifi cate verffies only the !identity of the individual who
sign ed the dorumen.t .. ro which this certificate is ,attached, and oot tlhe truthfulness., iK![llracy, or val idity
of that document.
State of California }
County of Los Angeles _
On JCt.tl II before me .. W/1\l r,-'juK YEu~9 . NOTA-i?,V PtA t'N c.
flns«t .l"'ofamg of~ 'f1rJimc and Titl,a} pe~o~l~appeared~L~/N~b~&--~H=s=u--~C='M~A~~~ry~-----------------------------
Q WING YUK YEUNG
_ Com mission# 2081150
~ Notary Public -California ~ J Los Ange le s County ~
• • , • • 0 MJ go fiT · ;xtzs.o;t 9-3~1 ~~
who proved to me on tlhe basis of satisfactory evidence
to lbe the person(ii whose nameOO ~s/ilfe subscribed to
1he within in>trument and acknowledged to me that
bt15he~ exeruted the same in hiqber/th6r
allt:horized Glpa~)# and that by JriSjher/tbeir
signarure('s) on the in>trument the person(s) .. or the
entity upon !beha lf of whrch tlhe person(:S] atled,
exeruted the ti nmum:ent.
I certify under PENALlY O'F P\ERJURY under the l aws of
i1:he State of California that the foregoing parauaph is
true and corrett.
WITNESS my hand and offiofa l seal.
Signature /cJ !.<~,:;;;=~
---------------------------OPNONAl--------------------------Though the information is IJf1t IB(Wrsi by law, ;r may prove va-luable. to persons relying on the document and c.rotild
prevent Fratmulent remcvaJ and reatrachment. of this form m another document.
Desoiptioo of Attached l)ocument
Ti
s
itle of Type of Document: /
Document Date: / INumbe.T of Pages:
. ignetis.) Othe..-Than Named Above: /
/ Capacity(ies) Claimed by Sigoer(s)
Signet'S Name: Signer's Name.:
D Individual / D Jndividua 11
D CorpoliiiE Offim!f"-Tltl'le:(s): D Corporate Offillel" -litfe(s): D ........ DUZ....! :.11 D Partner D limited D Generc~l
D A.ttamey in Faa D Attomey 5n fact:
D Trustee D TrustEe
D Guan:fian or O>n , r D Gua.rdian a..-Conse:rvatDr
0 Other: D Other:
Signer is Representing: Signer is. R.eya!senting:
I
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 72749
IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA,
BEING A SUBDIVISION OF LOT 4, BLOCK "B", TRACT NO. 11497, AS PER MAP
RECORDED IN BOOK207, PAGE 22, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
r----------------~----------------
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 72749
1. Install new driveway approach in accordance with SPPWC Standard Plan 110-2,
a nd as directed by the City Engin eer or h is/her de signee.
2. Close existing driveway apron, and install nece ssa ry improvements (p arkway,
landscape, si dewalk, curb and gutter, any others as applicable) to match
required adjacent sect ions, and as directed by the City Engineer or his/her
designee.
3. Install new concrete sidewalk in accordance with SPPWC Standard Plan 113-2,
or to match existing adjacent curb and gutter, and as directed by the City
Engineer and/or h is/her designee.
4. Remove and replace broken and off grade curb and gutter and construct n ew
curb and gutter in accordance with SPPWC Standard Pl an 120-2, and as
directed by the City Engineer or hi s/her designee.
5. Rehabilitate existing AC street pavem ent along the length of the property
frontage to the centerline of the street as indicated below, and as directed by
the City Engine er or his/her designee:
Grind existing pavement to a depth of 2" and ove rlay new AC.
6. Underground all services to th e property.
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL NO. 72749
As evid ence of unders tanding the provis ions conta in ed in thi s Agreement, and of th e Deve loper's
intent to co mpl y with same, the Developer has s ubmitted t he bel ow descri bed securi ty in the
amounts required by this Agreem ent, and has affi xe d th e appropriate signat ur es thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 7500
Surety: --------------CHECK D EPOSITED
Attorney-in -fac t :
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT : $ ___;7_5..:....;00;__ __ _
Surety: CHECK DEPOSITED
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $~0~------------
Amount depos ited pe r Cas h Rece ipt No $15000 D ate: 12/21/20 15
0/28385
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'-' CITY Of TEHPLE CITY
Adlinistrative Senioos
626 286-2171
Ctty of Ta.pla City
12/21/2015 15:54 :11).000
Validation Receipt
Ctw\IE~
01Zlll
2301 5218 FMAGO
Slb-tntal
PAYJefT-
0/~
Reg roEV'"iHOWil
s 1500().00
'*"***15000 . 00
Mooey order " 83701~ $ · l!lOOO.OO
Change $U*n***#O. 00
11M<. YW!
Business thn:
7 ~30-6:00 Monday thrOU!tl Frida'/
EXHIBIT "D"
LIST OF PARCEL MAP CONDITIONS
OF APPROVAL NOT SATISFIED
1. In stall ne w driveway app roac h in accordance with SPPWC Sta nda rd Plan 110-2,
and as directed by the City En gineer o r his/her designee.
2. Close exi sti ng drivewa y a pron , an d install neces sa ry improvem ents (parkway,
lan dscape , sidewalk, curb and gu tte r, any others as applica bl e) to match
required adjacent sect ion s, and as directed by the City Engineer or his/her
de signee .
3. In stall new concrete sid ewa lk along the len gth of the property fro nt age in
accordance with SPPWC Standard Pl an 113-2, or to match exis tin g adjacent cur b
and gutter, and as d irect e d by the City Engineer and/or his/he r d esignee.
4. Remove and rep lace broke n and off gr ade curb and gutter alo ng th e length of
the prop e rty f rontage in accord ance with SPPWC Standard Pl an 120-2, an d as
directed by the City Engineer or his/her de signee .
5. In stall new street lig ht to match existing st reet light standa rds in the stre et block,
and as directed by th e City En gi neer or his/her de signee.
6. Reha bi li tate ex i sting AC street pavement alo ng the length of the property
f rontage to the ce nterlin e of t h e stre et as ind icated below, and as directed by
the City En gineer or hi s/her d esignee:
Grind ex ist ing pave ment to a depth of 2" and overlay new AC.
7. Und e rground all services to the pr operty.
Attachm e nt s
SHEET 1 OF 2 SHEETS 1 PARCEL
15.791 SO FT.
PARCEL MAP NO. 72749
IN THE CITY OF THE TEMPLE CITY
COUNTY OF LOS AN GELES. STATE OF CALI FORNIA
BEING A SUBDIVISION OF LOT 4, BLOCK "B", TRACT NO. 11 497, AS PER MAP
RECORDED IN BOOK 207, PAG£ 22, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
FOR CONDO MINIUM PURPOSES
SUBDIVIDER'S STATEMENT:
WE HEREBY' STArt THAT 'Ill( ARE Tl1E S\J BO+~DCRS Of' OR ARt lfoiTDt(ST(O IN THE LANDS
INQ..U0£0 \IIII THIN TM( SU8 ()1YI$10N SHOWN ON MS WAP ~Tkl"' ni[ OIStlNCn\1£ 80ROCR
UNES. AHO 'lilt: COJrwSO..T TO flit ~P ARA nON AAO ~C Of SA10 W.AP AN0 SV901YISION
U""A CHAHC (SU801\IOCII)
RECORD 0'M-jER
RE CORD O'IIINERS ARC ANDRE W CHANG ANO LINDA CHAhC
A NOTARY PUBUC 0111 Onii:R (lf'flCE'R COO PI.ET'INC THIS C(AnncA T£ 'w1::RiflES ONlY THE
IOEN nTY Of Tli£ *NOIWXJAl YIH O SIGNED THE OOCUW(HT TO WHI()i THIS ct.RnnCATE IS
AnACHEO. A.NO HOT TH( TRUTlU\JI..NESS, ACCURACY, OR VALOITY Of TH AT Q0CUJ,j£NT
NOTARY ACKNOWLEDGEMENT:
STATE or CAlif~ )
COUN fY CY I. OS ANOCLES )
ON BEfORE 1.4£ NOTARY PUEIUC,
PERSONAU.Y APP[AR(O AAOREW OtANC AND UNOA OtAHC 'MiO PROVCD TO W( ON THE
BASIS~ SAnsrACTORY ~O(HC£ TO 8( lH( PERSOHS ';rltf()S[ NAM£S ARE SUBSCRtBED TO
TH( 'M THN INSTR\Jioi£.NT AND AO<NOWLEOC£0 TO lrol ( fHAT THEY t'XECUTED THE SAM[ IN
THOR AU1liOR!ltD CAPAOnts AN0 THAT BY TH~ SICN AT\JR(S ON THE INSTRU-..ENT, THE
PERSONS. OR THE OmTY UPON BOiAlf Of 'MilCH THE PEA~$ ACT'£0, EXECUT£0 THE
INSTRU .,.(HT
I CERnf"Y UNOCR PEHAlf'r Of P(R.AJRY UNDER THE LAWS Of niE STAT'E Of CA.UFORNI A TH AT
THE fOREGOI NCi PARAGRAPH IS TRUE AND CORRECT
Wln.I (SS I.IY Ho\NO
g~A ruR£ -----------------... V C0WMI$SI(IN NO ------------
PRIN 1 NA.W ( WY (X)t.l"" SSJC)N [XPIR[S. ------
WY PRINOPA.I. PLAC£ OF BUSINESS IS iN ----------COUO.TY
SIGNATURE OY ·SSION NOTES:
THE gCNA.T\JR($ OF fH( PAR n ES NAMED H(R(INAH[R AS 0\I!W(AS OF THE IN TERES T SET
F'ORTH, HAY( 8([N OMJ ntO UNOCR PRO~A SIONS ~ THE SUIOIVISON w,.P ACT SECnOH 156 4J6
~l~~<:u:~·.:.: ~TR ,::;R[tri ~~ s::.rl~~[ ~cb:~YNOl RtP[N INTO A FEE nlU A.NO SAID
SOU TH(RN CA.Uf"0R N1A f(l(PH()N( CO-,.PA.NV, A CORPOR A noN, ITS SUCCESSORS OR ASSIGNS.
HOLDER Of' AN [AS(M(NT f"OR POl.£ UN( PU RPOS£S. BY 0£[0 RECORDED IN BOOK 1~!i G,
PACE 105, OF OFTIQA.L RECORDS, RECORDS ~ LOS A.N00.£5 CQJHf'r
FAA"'K J. MOUNTAIH A.hO A.Ua: R MOUNTAIN , HOLDERS (S AN EASOoiOH rOR PUBUC UfiUrY
PURPOSES, 8Y 0([0 RECOROCD lN BOOK 222J5, PAGE J\4, Of orFlClN.. RECORDS. RECORDS
OF LOS ANC£l£S COUNN
I H£R(BY C(Jtllf"Y TliAT AU. C£Rf\flCATES HAY( 8([H Fll.£0 AND DEPOSITS HAY( BEEN WAD(
THAT ARE REOUtR£0 l..lf«)[Jt THE PROVISIONS Of SECTlONS &64t2 AND 66493 OF ll-t(
SU801'-4SION WAP ACT
EXEC\JnV£ orACER 80AAO OF SUPERVI SORS
OF rHE COUNf'r 01' LOS A.NC£LES, STATE Of CAUF'ORNIA
BY·----~OC~P~U~TY=-------------OAT'----------
I H£R£BY CDtnrY n.A.l $[0JRITY IN THE A.I.IOUNT or $ HAS BEEN
f1l..£D ¥lint rM£ (X[OJnY£ ornc:tR. BOARD or SVPERVISOR$ OF THE: COUNTY OF lOS ANCD.ES
AS S£CURtT'Y f"Oit THE PA't'\I[Nl or TAXE S AND SP(QAL ASSUSl.t[,.,TS OCU.£CTED AS TAXES
ON THE LANO SHO III' ON IJ AP CY PARCO.. MAP NO 72749 AS R£0Uft£D BY LAW.
rxEcun-..E o'ncot_ 80ARO cr SUPCR\1SORS
OF THE COUNTY or LOS ANCCUS, STATE OF CAUfORftot•A
BY'----~~~~N=-------------DA ''-----------
SURVEYOR'S STATE MENT:
MS MAP WAS PREPARED BY WE OR UNDER WY DIRECnON AND IS BASED UPON A TRUE AND
CC)t,d»l(yt nEl.D SUR ~ PERFOibiEO 8Y ill.( 0A UNDER ~V OIR(CnON IN AUOJST, l:OIJ. IN
COHfOR:UANCf WH11 0£ A!QUtRE'-t(NTS or fH( $UeDI\1$10N MAP ACT AHO LOCAL OftONA.N<X:
AT M R(CUEST or ANDREW ~AAC. ON .U.Y 2J, 201J I HEREBY STAl'E THAt n.$ PARCQ.
WA.P SU8STANTlAU.Y CONfCIRWS TO tH[ COh'DeOONAU.Y APPRO'ol£0 TEHTA n'.{: WAP, TKAT AU
n4E lroiCN.IY ENTS AA£ Of THE OiAAACrt.R AAD OCCUPY 1\i£ POSinONS IHOICAttO; THAT THE
t.I OhUMOfTS ARE SUmQEHT TO ~A8U M SURII£Y TO BE RETRACED
JACI( C Ltt. LS 8407
EXPIERES 6-J0-2016
BASIS Of BEARING NOTES
t'H( 9£ARI~oj GS SHO'IIN Ht:REON AR£ BASED ON fH( BEARING N9'52'!i2~ rE lH( COU'CRUNE
(S' rA.AAOO A\'£HUE AS SHO'lliH ON w.P CF TRACT NO 1149 7 flt.£0 1,_. BOOK 207. PAC(
22, (S' VAPS. RE:COROS CF LOS AAC(L,LS COUNTY
CITY ENGINEER'S CERTIFICATE
I HtRCBY CERnFY THAT I HA~ EXA.t.iN£0 nilS MAP; THAT IT CC»>F'ORt.t S SUBSTANnAU.Y TO nit
rtNTA nYE t.t /IP AND All APPROVED ALlERATtONS tH£REor. THAT AU. PAO't1SIONS OF Tl1E
SUBDtYISION ORDINANCES or THE OTY or TEMPlE OTY APPUCA.BL£ AT f'H£ n lol ( OF APPROVAL
OF THE TCNTA TIV'E MAP HAVE BEEN CC).tPUEO WJ t11 : AND THA T I Alool SATISfiED l11AT THIS W.AP
IS TECHHICA.U. v CORRECT WI TH RESPECT TO OTY RECOROS
OA\10 9 RACl.AIC), PlS .S17J
OH BOtALF CT THE 0 TV ~Cih([R
OTY or l'LWPl£ QTY
O<?IRES 0/J0/2010
CITY TREASURER'S CERTIFICATE
I HER£8Y ct:Rnr Y n-tAT AU SPECIAL ASSCSSMCNTS l£\1ED UNDER THE ..IJA:ISDtCnON ~ THE QTY
Of 1'£MPl£ OTY TO WHI<li ntE LAND INCLUOCO IN TH( v.tl'MIN SUOOVISION OR ANY PART
THCA£Qr IS SU9JECT, AND 'Mil01 tolAY BE PAC IN f\JU., HAVE BEEN PAlO IN f"UlL
aTY fRtASURER -QN Of ftwPll OTY
CITY CLERK'S CERTIFICATE
I I-ICREBY C::OmrY l11A T THE QTY COUNCL or t'H( Qf'V Of TEW.Pl£ QTY BY WOnQH P"-SS£0 ON
--------------------~~0~ l11( A n~EO W~
Clf'V CLERK -6h &" f'tUPi1 CiTY
CONDOMINIU M NO TE ·
THS SU80f'tt!SJOH IS APPROVED AS A CONDOY:-"Wfrll PRO..£CT. r OR 4 UftotifS. 'lfiH(It(BY tHE
o-.£.RS CT l11£ UNITS OF AJR SPAa: WU HOLD AN LNJ~OED IHT£R[ST Ill TH( to.IWCH
AREAS THAT WU.. IN TURN, PROWl£ TM£ NtCESSARY ACCESS AHO UTl.JTY (AS(_V(NTS fOR
Tl<l: ""'rs
SOIL REPORT NOTE·
PURSUANT TO SCC nON 66490 OF TH( SUBOIVISION MAP ACT, A SOILS REPORT COYEJUNC ntE
ARtA W lH!N THE SUBDI~ASION WAS PA(P.t.R£0 BY CALLANO ENCI NEERINC. INC UNOE.R PROJECT
NU M9£R 1J -OS8-009GE, OA tm rEBRUARY 2:7. 2012 A COPY r:F SOtLS REPORT IS ON nt..t WTH
TWC OTY U t"[MPLE OTY, OCPARN(.NT OF PUOUC WORI(S
r
SCALE: 1" = 20' PARCEL MAP NO. 72749 SH EE T 2 OF 2 SHEETS
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGE LES, STATE OF CALIFORNIA I FOR CONDOMINIUM PURPOSES INOICATES n-tE BOUNDARY OF Tl-t( LAND
BONG SUBOf\10€0 S Y ~S IMI AP
ro S.W. ON J•, STAJr.IP IULQBU
~CA LA CO PWf8 1427-2301, 2302
NIO,O'JO"E fREER (I -
IHltRSI:Cl'IOJroi (6 C(HrtRLJN( o\HD N\.Y PttOUlHCAnciN
OF nv ~.Jtt£ r:s lOrs l 1'0 11. INOJJSI"'L a.ooc ....
TRACT NO 11 411, WI 207-11. ESTA8USHED IY
':~~~"7~•;.:;>~!~/R<»-1 rD ~OHVW£NT
STREET
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NOt A PAA:J ($ _
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201-n £Sf.t.a..J91[0 BY PROitATlON
I POl SAl) TRACT
210 &s· 210 IS
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210 lt (21QJI)
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ESTASUSHCD IT PRORAnoN PER
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NOT A PART~
!HIS SUBOII.<SIOH
S'\.Y IJNE t:S LOT tt. kOCK "8",
7<0Jt
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Plllf'B 14 27-7811. 711
EASEMENT NOTES
N8018'18'£
@ .&* 'tiiU)( [A$0ol(-.:f TO SQJfMER'rrf CAI.JfORNIA rn.LPHOJr.C
COIJPANY, ·T'S SIJCaSSatS. ASSiGNS fOR POl£ L»£
~S POl D£E0 llt(<DtO(D ·N 900K 1549 PAC£ I~ or Of'FlOAI.. ~COIItOS. M:CCfmS Of LOS AACEUS COUirrf fY
@ :~Of ... ~~(~ ~:;~J~R%~~,:0~ R
R£CORO£O l!ol 80()1( 21135. PAC[ 31 4, c:F OF'flOAL.
RECORDS. RECORDS or LOS ANCElLS COUH 1Y
GRANO
137 II (2:J7 II,
SURV£YOA:'S NOTtS
e R)UHO WQfrttN(Irf1 AS IICJTtD
0 SO WOt«J•t~On AS hOf(D
AVENUE
INTERS(Cf10N OF aJrillUl1.H AHD 5\.Y PfiiOl.OHCA na-. or £\.Y UNE CY LOf'S J TO II, ~Ml.USI'< 9LOOC ·a·,
TR ACT NO 11 .&97. WI 207-21 UTA8USHED BY
R£COROCO OISTA.Ha: (23718*) nY FR~ ro .. ONUNOH
ALONC c::EHmti.Jrrl( P(Jt SA.tO ntACT
VOO!!UCN I NO)[
() RECOROED DATA~ f1UCT l'fO 11 4g7, W8 207-11
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