HomeMy Public PortalAbout06) 7D Subdivision Map Approval Map No. 73719, 5927 Ivar AveAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
October 18, 2016
The Honorable City Council
Bryan Cook, City Manager
Via: Michael D. Forbes, AICP, Community Development Director~
By: Hesty Liu , AICP, Associate Planner
FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 73719, A
LOT SPLIT SUBDIVISION AT 59271VAR AVENUE
RECOMMENDATION:
The City Council is requested to:
1. Receive the Subdivision Improvement Agreement (Attachment "A");
2. Approve the final subdivision map for Parcel Map No . 73719 (Attachment "B");
3. Authorize the City Manager to execute the Subdivision Improvement Agreement;
and
4. Authorize the City Clerk to certify Parcel Map No. 737 19.
BACKGROUND:
1. On August 6, 2015, the City received an application proposing a lot split subdivision
for the property located at 5927 lvar Avenue. Following the submittal of the
application, the tentative parcel map prepared for the subdivision was forwarded to
the Los Angeles County Fire Department, the City's Building and Engineering
Divisions, and the local utility companies for review and comments.
2. On November 10, 2015, at a noticed public hearing, the Planning Commission
reviewed and approved the tentative parcel map.
3. On May 18, 2016, the City's Building and Engineering Division completed the final
map review and advised the developer that after entering the Subdivision
City Council
October 18, 2016
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Improvement Ag reement with the City, the subdivision fina l map would be ready for
approval.
4. On August 15, 2016, the developer deposited the security and signed the
Subdivision Improvement Agreement.
ANALYSIS:
The tentative parcel map is for the subdivision of an existing single-family residential lot
into two parcels. The map was approved based upon the con clusion that the project
would be consistent with the General Plan and Zoning Code . The approval of the
tentative map is valid for two years with the expiration date set as November 10, 2017.
Now the City's Build ing and Engineering Division has reviewed and certified the fi nal map.
The developer has made the security deposit and signed the Subdivision Improvement
Agreement. Based on the conclusion that the final map is in substantial comp liance with
the tentative map, staff requests that the City Council approve the final map. Approving
the final map will all ow the developer to finalize the subdivision so that a single-family
residence can be improved on each parcel.
CITY STRATEGIC GOALS:
Approval of final Parcel Map No. 73719 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 2016-17
ATTACHMENTS:
A. Copy of the Subdivision Improvement Agreement
B. Copy of Parcel Map No. 7371 9
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Oocument exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF TEMPLE CITY
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple City, California 91780
Attachment A
TI-HS SPACE FOR RECORDER'S USE 0 LY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
LUONG TUAN TRAN
Subdivider
DATED August 12, 2016
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 73719
This Subdivision Improvement Agreement ("Agreement") is entered into as of this 12th
day of August, 201 6 by and between the City of Temple City, a mun icipal corporation ("City")
and LUO G TUA TRA ("Developer"). City an d Developer are sometimes hereinafter
indi vidually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. Developer has submitted to City an application for approval of a final parcel map
fo r real property located within City, a legal descript ion of which is attached hereto as Exhibit ·'A".
The parcel map is identified in City records as Parcel Map ro. 73719. On t ovember I 0, 2015 the
City cond itionally approved Parcel o. 737 19.
B. Developer has not completed all of the work or made all of the Public
Imp rovements required by the Subdi vision Map Act (Government Code sections 664 10 et ~.),
("Map Act") the City Ordinances, the co nditions of approval for Parcel o. 73719, or other
ordin ances, resoluti ons, or policies of City requiring construction of improvements in conjunction
with the subdi vision of land.
C. Pursuant to City Ordinances and the applicable proviSIOns of the Map Act,
Developer and City enter into this Agreement fo r the timely co nstruction and completion of the
Publ ic im provements and the fu rn ishing of the security therefor, acceptable to the City Engineer
and City Attorney, fo r Parcel o. 73719.
D. City has authority to enter in to this ubdiv ision Improvement Agreement pu rsuant
to Government Code Sections 66499-66499 .I 0.
E. Pursua nt to Government Code Section 66499, Developer's execution of this
Agreement and the prov ision of the security are made in co nsideration of City's approva l of the
final map for Parcel o. 737 19.
DEFINED TERMS
"Develop er" shall mean LUO G TUA TRA , a real person. The term "Developer" sha ll also
include all assignees, to the extent permitted under this Agreement, of the rights and obl igations
of Developer under this Agreement, and any successor-in-interest to Developer having a legal
and/or equitable interest in the Property.
"Estimated Costs" shall mean the City Engineer's approximation of the actua l cost to construct
the Public Improvements, including the replacement cost for all la ndscaping.
"Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
actually and necessarily incurred by a party in good fa ith in the prosecution of an action or
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proceeding, including, but not limited to, court costs, fi ling, recording, and serviGe fees, copying
costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators,
witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other
cost or expense, the award of which a court of competent jurisdiction may determine to be just and
reasonable.
"Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq.
"Property " shall mean the all of the real property contained within the boundari es of Parcel Map
No. 73719 located in the City of Temple City, California, as is more particularly described in the
legal description and parcel diagram attached hereto and incorporated hereby by reference at
Attachment "A".
"Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving,
curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drain s,
detention and retention basins and other dra inage facilities, traffic controls, landscaping, street
lights and all other facilities required to be constructed and dedicated to the City or other public
entity as conditions of approval ofTentative Parcel Map No. 73719 and as shown in detail on the
plans, and specifications which have been approved by the City and incorporated into Parcel Map
No. 73719. The Parties agree that the Public Improvements to be completed by Developer are
more specifically described in the diagram or plan attached hereto and incorporated herein by
reference as Attachment "B. Notwithstanding, Attachment "B", Developer shall remain obi igated
to construct and complete all of the Public Improvements required as conditions of approval for
Tentative Parcel Map 73719.
"Required Insurance" s hall mean the ins urance required to be maintained by Deve loper under
Section 1 7.
"Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other
security approved by City E ngineer or City Attorney.
"Parcel No 73719." shall mean the final map prepared and approved by the City for tentative
parcel map no. 73719.
"Warranty" shall mean the one-year period fol lowing completion of the Public Improvements by
Developer and the acceptance of the Public Improvements by the City in which Developer warrants
and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in considerati on of the mutual promises and covenants made by the
parties and contained here and other consideration, the value and adequacy of whi ch are hereby
acknowledged, the parties agree as fo llows:
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all
four (4) of the following conditions are satisfied in the order provided:
1.1 Security. Developer provides City with the Security of the type and in the
amounts required by this Agreement;
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1.2 Final Map a nd Agreement Approval. The City Council of the City ("City
Council") approves the final map for Parcel No. 73719 and this Agreement;
1.3 Record Agr eement. Developer and City execute the Agreement and City
records thi s Agreement in the Recorder's Office of the County ofLos Angeles; and
1.4 Record Fina l Map. Developer records the fi nal map fo r Parcel No. 7371 9
in the Recorder's Office of the County of Los Angeles.
If the above described conditions are not satisfied in the order, manner and within the time
provided under this Agreement, this Agreement shall automatically te rminate without need of
further action by either C ity or Developer.
2. PUBLIC IMPROVEMENTS. Developer sha ll construct or have constructed at
its own cost, expense, and li ability the Public Improvements, as defined herei n, within the time
and in the manner required under this Agreement. Constructio n of the Public fmprovements shall
include any trans itions and/or other incidental work deemed necessary for drainage or pub! ic
safety. The Developer sha ll be responsible for the replacement, relocation, or removal of any
component of any irrigation water or sewer system in conflict with the construction or installation
of the Public Improvements. Such replacement, relocation, or removal shall be performed to the
complete sati sfaction of the City Eng ineer and the owner of such water or sewer system.
Developer fut1her promises and agrees to provide all equipme nt, tools, materials, labor, tests,
design work, and engineering services necessary or required by City to ful ly and adequately
complete the Public Improvements.
2.1 P rior P a r tia l Construction of Public Im provem ents. Where construction
of any Public Improvements has been partially completed prior to this Agreement, Developer
agrees to complete such Public Improvements or assure their completion in accordance with this
Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work,
Deve loper shall, at its sole cost, expense, and liability, obtain all necessary perm its and approvals
and give all necessary and incidental notices required for the lawful construc tion of the Publ ic
Improvements and performance of Developer's obligations under this Agreeme nt. Developer shall
conduct the work in fu ll compliance with the regulations, rules, and other requirements conta ined
in any permit or approval issued to Developer. Prior to commencing any work, Developer shall
fi le a written statement w ith the City Clerk and the City Engineer, signed by Developer and each
util ity which will provide utility service to the Property, attesting that Developer has made all
deposits legally required by the util ity for the extension and provision of utility service to the
Property.
2.3 Pr e-a pproval of P lans and Specifications. Developer is prohibited from
commencin g work on any Public Improvement until al l plans and specifications for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not reli eve Developer from ensuring that all Publ ic
Improvements conform with all other requ irements and standards set forth in this Agreement.
2.4 Qualitv of Work; Compliance W ith L aws and Codes. The construction
plans and specifi cations for the Public Improvements shall be prepared in accordance with al l
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applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The Public Improvements shall be completed in accordance with all approved maps,
plans, specificati ons, standard drawings, and special amendments thereto on file with City, as well
as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other
requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a skillful
and workmanlike manner, and consistent with the standards generally recognized as being
employed by professionals in the same discipline in the State of California. Developer represents
and maintains that it or its contractors shall be skilled in the professional calling necessary to
perform the work. Developer warrants that all of its employees and contractors shall have
sufficient skill and experience to perform the work assigned to them, and that they shall have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the work, and that such licenses, permits, qualifications and approvals shall be maintained
throughout the term of th is Agreement.
2.6 Alterations to Improvements. All work shall be done and improvements
made and completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation of the Public Improvements
it is determined that the public interest requires alterations in the Public Improvements, Developer
shall undertake such design and construction changes as may be reasonably required by City. Any
and all alterations in the plans and specificatio ns and the Public Improvements to be completed
may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.
2.7 Other Obligations Refer enced in Conditions of Tentative Map
Aoorova l. In addition to the foregoing, Developer shall satisfy a ll of the conditions of approval
on the tentative map for the Property. The conditions of approval whi ch have not been satisfied
prior to the date of this Agreement are identified on Exhibit "D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable fo r the maintenance or care of the Public Improvements until
City formally approves and accepts them in accordance with its policies and procedures. City shall
exercise no control over the Public Improvements until approved and accepted. Any use by any
person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk
of the Developer at all times prior to City's acceptance of the Public Improvements. Developer
shall maintain all the Public Im provements in a state of good repair until they are completed by
Developer and approved and accepted by City, and until the security for the performance of this
Agreement is released. Maintenance shall include, but s hall not be limited to, repair of pavement,
curbs, gutters, sidewalks, signa ls, parkways, water mains, and sewers; maintaining all landscaping
in a vigorous and thriv ing condition reasonably acceptable to City; removal of debris from sewers
and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets
and street improvements. It shall be Developer's responsibility to initiate all maintenance work,
but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do
so by City. If Developer fails to properly prosecute its maintenance obligation under this section,
City may do all work necessary fo r such maintenance and the cost thereof shall be the
responsibility of Developer and its surety under this Agreement. City s hall not be responsible or
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liable for any damages or injury of any nature in any way related to or caused by the Public
Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1
of this Agreement, Developer shall fully and adequately co mplete or have co mpleted the Public
Improvements within 2 years {24 months) following approval of the final map for Parcel Map
No. 737 19 or prior to the final date of the construction permits, whichever occurs first.
4.1 Extensions. City may, in its so le and absolute discretion, provide
Developer with additi onal time within which to complete the Public Improvements. It is
understood that by providing the Security required under Section 12.0 et ~-of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of
an extension of time granted by City shall constitute a waiver by Developer and its surety of all
defense of laches, estoppel, statutes of limitations, and other limi tati ons of action in any action or
proceeding fi led by City following the date on which the Pub li c Im provements were to have been
completed hereunder. In addition, as consideration for granting such extension to Developer, City
reserves the right to review the provis ions of thi s Agreement, including, but not lim ited to, the
construction standards, the cost estim ates established by City, and the suffi ciency of the
improvement security provided by Developer, and to require adjustments thereto when warranted
according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law
related to breach of this Agreement or the terms thereof shall not accru e until Developer has
provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
complete required or agreed upon Public Improvements.
5. GRADING. Developer agrees that any and all grad ing done or to be done in
conjunction with construction of the Publ ic Improvements or development of Parcel Map No.
73719 shall conform to all federal, state, and local laws, ord inances, regu lations, and other
requirements, including City's grading regulations. All grading, landscaping, and construction
activities shall be performed in a man ner to control eros ion and prevent flood ing problems. The
City Engineer shall have the authority to require erosion plans to prescribe reasonab le controls on
the method, manner, and time of grad ing, landscaping, and construction activities to prevent
nuisances to surrounding propetiies. Plans shall include without limitation tem porary drainage
and erosion control requirements, dust control procedures, restri ctions on truck and other
construction traffic routes, noise abatement procedures, storage of materials and equipment,
removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
In order to prevent damage to the Public Improvements by improper drainage or other hazards, the
grading shall be completed in accordance with the ti me schedul e for completion of the Public
Improvements established by this Agreement, and prior to City's approval and acceptance of the
Public Improvements and release of the Securi ty as set forth in Section 12.0 et ~-of this
Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer,
power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel No. 73719
in accordance with all applicable federal, state, and local laws, rules, and regulations, including,
but not limited to, the regulations, schedules and fees of the utiliti es or agencies prov iding such
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services. Except for commercial or industrial properties, Developer shall also provide cable
television facilities to serve each parce l, lot, or unit of land in accordance with all applicable
federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements
of the cable company possessing a valid franchise with City to provide such service within City's
jurisdictional limits. All utili ties shall be install ed underground.
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liabil ity,
pay all fees, charges, and taxes arising out of construction of the Publi c Improvements, includ ing,
but not li mited to, all plan check, design review, engineering, inspection, and other serv ice fees,
and any impact or connection fees estab lished by City ordinance, resolution, regulation, or policy,
or as established by City relative to Parcel No. 73719, or as required by other governmental
agencies having j urisdiction over Parcel No. 73719.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its
sole cost, expense, and liabil ity, and at all times during construction of the Public Improvements,
maintain reasonable and safe facilities and provide safe access for inspection by City of the Public
Improvements and areas where construction of the Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public
Improvements shall remove or uncover such portions of the finished work as may be directed
which have not previously been inspected. After exam ination, the Developer shall restore said
portions of the work to the standards required hereunder. Inspection or s upervision by the City
shall not be considered as direct control of the in dividual workmen on the job site. City's inspector
shall have the authority to stop any and all work not in accordance with the requirements contained
or referenced in thi s Agreement. The inspection of the work by City shall not reli eve Developer
or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable
materials or work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fai ls to construct and install all or
any part of the Public Improvements wi thin the tim e required by this Agreement, or if Developer
fails to comply with any other obl igation contained herein, Developer and its surety shall be j ointly
and severally liable to City for all ad ministrative expenses, fees, and costs, including reasonable
attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing
any legal action or for any other remedies permitted by law.
10. ACCEPTANCE O F IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discreti on, accept fully completed
pot1ions of the Public Improvements prior to such time as all of the Public Improvements are
complete, which shall not re lease or modify Developer's obligation to complete the remainder of
the Public Improvements w ithin the time required by thi s Agreeme nt.
10.1 Developer·'s Notice of Completion. Upon the total or parti al acceptance
of the Public Improvements by City, Developer shall file with the Recorder's Office of the County
of Los Angeles a notice of completion for the accepted Public Improvements in accordance w ith
California Civil Code section 3093, at which time the accepted Public Improvements shall become
the sole and exclusive property of City without payment therefor.
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10.2 City Acceptance of Public Improvements. If Parcel Map No. 73719 was
approved and recorded as a single phase map, City shall not accept any one or more of the
improvements until all of the Public Improvements are completed by Developer and approved by
City. Issuance by City of occupancy permits for any buildings or structures located on the Property
shall not be construed in any manner to constitute City's acceptance or approval of any Public
Improvements.
I 0.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until
Developer provides one (1) set of"as-built" or record drawings or plans to the City Engineer for
all such Public Improvements. T he drawings shall be cett ified and sha ll reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees
all Public Improvements against any defective work or labor done, or defective materi als furnished
in the performance of this Agreement, including the maintenance of a ll landscaping within the
Pro petty in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( l)
year following completion of the work and acceptance by City. During the Warranty, Developer
shall repair, replace, or reconstruct any defective or otherwise unsati sfactory p01tion of the Public
Improvements, in accordance with the current ordinances, resolutions, regulations, codes,
standards, or other requirements of City, and to the approval of the City Engineer. All repairs,
replacements, or reconstructio n 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, Developer and its surety hereby agree to extend the
Warranty for an additional one (1) year period fo ll owing City's acceptance of the repaired,
replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any
other liabi lity it may have under federal, state, or local law to repair, replace, or reconstruct any
Public Improvement following expiration of the Warranty or any extension thereof. Developer's
warranty obligation under this section shall survive the expiration or termination of this
Agreement.
12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this
Agreement, Developer s hall provide City with surety bonds in the amounts and under the terms
set forth below. The amount of the Security shall be based on the City Engineer's Estimated Costs.
If City determines at any time prior to Developer's completion of the Public Improvements under
Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs
have changed, Developer shall adjust the Security in the amount requested by City. Developer's
compliance with this provision (Section 12.0 et ~.)shall in no way lim it or modify Developer's
indemnification obligation prov ided in Section 16.0 of this Agreement.
12.1 Performance Bond. To guarantee the faithful performance of the Public
Improvements and all the provisions of this Agreement, to protect City if Developer is in default
as set forth in Section 18.0 et seq. of th is Agreement, and to secure Developer's one-year guarantee
and warranty of the Public Improvements, including the maintenance of all landscaping in a
vigorous and thriving condition, Developer shall provide City a fa ithful performance bond in the
amount oftwentysixthousandsixhundred ($26,600), which sum shall be not less than one hundred
percent (100%) of the Estimated Costs.
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12 .2 Partial Release. The City Counci I may, in its sole and absolute discretion
and upon recommendation of the C ity Engineer, pati ia lly release a portion or portions of the
Security provided under this section as the Public Im provements are accepted by City, provid ed
that Developer is not in default on any provision of this Agreement or condition of approval for
Parcel Map No. 73719, and the total rema ining Security is not less than twenty-five percent (25%)
of the Estimated Costs. A ll Security provided under this section shall be released at the end of the
Warranty period, or any extension thereof as provided in Section 11 .0 of this Agreement, provided
that Developer is not in default on any provision of this Agreement or condition of approval for
Parcel Map No. 73719.
12.3 L a bor & M aterial Bond. To secure payme nt to the contractors,
subcontractors, laborers, material men, and other persons fu rn ishing labor, materi als, or equipment
for performance of the Public Improvements and thi s Agreement, Developer shall provide City a
labor and materials bond in the amount of twentysixthousands ixhundred ($26,600), which sum
sha ll not be less than one hundred percent (1 00%) 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 fi nal Publ ic Improvements. The amount of such Security
shall be reduced by the tota l of all stop notice or mechanic's lien claims of which City is aware,
plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's
anticipated administrative and legal expenses ari sing out of such claims.
12.4 Additiona l Requirements. The surety for any surety bonds provided as
Security shall have a current A.M . Best's rating of no less than A:VIII, be a bank or insurance
company licensed to transact surety business in California, and shall be satisfactory to City. As
part of the obligation secured by the Security and in additi on to the face amount of the Security,
the Developer or its surety shall secure the costs and reasonable expenses and fees, includin g
reasonable attorney's fees and costs, incurred by City in enforcing the ob ligations of this
Agreement. The Developer and its surety stipulate and agree that no change, extension of time,
alteration, or addition to the terms of this Agreement, the P ublic Imp rovements, or the plans and
specifications for the P ublic Improvements shall in any way affect its obligation on the Security.
12.5 Form of Security. The evidence of the Security shall be provided on the
forms set forth in Attachment "C", unless other forms are deemed acceptable by the City Engineer
and the Ci ty Attorney, and when such form s are completed to the satisfaction of City, the forms
and evidence of the Security shall be attached hereto as Attachment "C" and in corporated herein
by this reference.
12.6 Developer's Liability. While no action of Developer shal l be required in
order for City to realize on its security under any Security instrument, Deve loper agrees to
cooperate with City to facilitate City's realization under any Security instrument, and to take no
action to prevent City from such realizati on under any Security instrument. Notwithstanding the
giving of any Security instrument or the subsequent expiration of any Security instrument or any
failure by any surety or financia l institution to perform its obligations with respect thereto,
Developer shall be persona ll y liable for performance under this Agreement and for payment of the
cost of the labor and materials fo r the improvements required to be constructed or installed hereby
and shall, w ithin ten (1 0) days after written dem and therefor, deliver to City such substitute
Security as C ity shall require sati sfying the requirements in this Section 12.
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13. MONUMENT SECURITY. Prior to City's execution of th is Agreement, to
guarantee payment to the engineer or surveyor fo r the settin g of all subdivision boundaries, lot
corners, and street centerl ine monuments for Parcel Map No. 73719 in compliance with the
applicable provisions of City's Mu ni cipal and/or Development Code ("Subdivis ion Monuments"),
Developer shal l deposit cash with City in the amou nt of Zero Dollars ($0), whi ch sum shall not
be less than one hundred percent (I 00%) of the costs of setti ng the Subdivision Monuments as
determined by the City Engineer. Said cash deposit may be released by written authorization of
the City Engineer after all required Subdivision Monuments are accepted by the Ci ty Engineer,
City has received written acknowledgment of payment in ful l from the engi neer or surveyo r who
set the Subdivision Monuments, and prov ided Developer is not in default of any provision of this
Agreement or condition of approval fo r Parce l Map o. 73 719.
14. LIEN. To secure the timely performance of Developer's obligations under this
Agreement, includ ing those obligations fo r which security has been provided pursuant to Sections
12.0 et g:g. and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against
all portions of the Property not dedicated to City or some other governmental agency for a public
purpose. As to Developer's default on those obligations for which security has been provided
pursuant to Secti ons 12.0 et g:g. and 13.0 of this Agreement, Ci ty shall fi rst attempt to collect
against such security prior to exercising its ri ghts as a contract lienholder under this section.
15. SIGNS AND ADVERTISING. Developer understands and ag rees to City's
ordinances, regulations, and req uirements governing signs and advertisin g structures. Deve loper
hereby agrees with and consents to the summ ary removal by City, without notice to Deve loper, of
all signs or other advertising structures erected, placed, or situated in violation of any City
ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its
surety. Developer and its surety shall indemni fy and hold City free and harmless from any claim
or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless
Ci ty, its elected officials, officers, employees, and agents from any and all actua l or alleged claims,
demands, causes of action, liability, loss, damage, or inj ury, to property or persons, including
wrongful death, whether imposed by a court of law or by admin istrative action of any federal,
state, or local governmental body or agency, arising out of or incident to any acts, omissions,
negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors
in connection with or arising out of construction or maintenance of the Public Im provements, or
performance of this Agreement. This indemnification includes, without limitation, the payment
of all penalties, fines, judgments, awards, dec rees, attorneys' fees, and related costs or expenses,
and the reimbursement of City, its elected officials, officers, employees, and/or agents fo r all legal
expenses and costs incurred by each of them. This indem nification excludes only such portion of
any claim, demand, cause of action, liab ility, loss, damage, penalty, fi ne, or injury, to property or
persons, including wro ngful death, which is caused solely and exclusively by the gross negligence
or willful misconduct of City as determ ined by a court or administrative body of competent
jurisdiction. Developer's obligation to indemni fy City shall survive the expiration or termination
of this Agreement, and shall not be restricted to insu rance proceeds, if any, rece ived by City, its
elected officials, officers, employees, or agents.
Page 9 of 15
17. INSURANCE.
17.1 Types; Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintai n, during co nstruction of any Publ ic Improvement pu rsuant
to this Agreement, insurance of the types and in the amounts descri bed below. If any of the
Required Insurance contains a genera l aggregate limit, such insurance shall apply separately to
this Agreement or be no less than two times the specified occurrence limit.
17.1.1 General Liability. Developer and its contractors shall procure and
maintain occurrence ve rsion general liabi lity insurance, or equivalent fo rm , with a combined single
limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property
damage.
17.1.2 Business Automobile Liability. Developer and its contractors shall
procu re and maintain business automobile liab ility insurance, or equivalent form, with a combined
single limit of not less than $1 ,000,000 per occurrence. Such insu rance shall include coverage for
the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased,
hired, or borrowed by the insured or for which the insured is responsible.
17 .1.3 W orkers' Compensation. Developer and its contractors shall procure and
maintain workers' compensation insurance with limits as required by the Labor Code of the State
of Cali forn ia and employers' liability insurance with limits of not less than $1,000,000 per
occurrence, at all times during which insured retains empl oyees.
17.1.4 Professional Liability. For any consultant or other professional who will
engineer or design the Public Improvements, liabi lity insurance fo r errors and om issions with
lim its not less than $1,000,000 per occurrence, shall be procured and maintained for a period of
five (5) years following completion of the Publ ic Improvements. Such insurance shall be endorsed
to include contractual liabi lity.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its elected officials, officers,
employees, agents, and vo lunteers; or (b) Developer an d its contractors shall provide a financ ial
guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
17.3 Additional Insured; Separation of Insureds. The Required Insurance
shall name City, its elected officials, officers, employees, agents, and vol unteers as add itional
insureds w ith respect to work performed by or on behalf of Developer or its contractors, including
materials, parts, or equ ipment furnished in connection therewith. The Required Insurance shall
contain standard separation of insu red provisions, and shal l contain no specia l limitations on the
scope of its protection to City, its elected officials, officers, employees, agents, and vo lun teers.
17.4 Prima ry Insurance; Waiver of Subrogation. The Required Insurance
shall be prim ary with respect to any insurance or self-insurance programs covering City, its elected
officials, officers, employees, agen ts, and volunteers. All policies for the Required Insurance shall
provide that the insurance company waives all ri ght of recovery by way of subrogation against
City in connection with any damage or harm covered by such policy.
Page iO ofJS
17.5 Certificates; Verification. Developer and its contractors shall furnish City
with original certificates of insurance and endorsements effecting coverage for the Required
Insurance. The certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must
be received and approved by City before work pursuant to this Agreement can begin. City reserves
the right to require complete, certified copies of all required insurance policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certificate, pol icy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that the
Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except
on 30 days' prior written notice to City.
17.7 Insur·er Rating. Unless approved in wntmg by City, all Required
Insurance shall placed with insurers licensed to do business in the State of California and with a
current A.M. Best rating of at least A:VIJI.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to fulfil l or timely complete
any obligation, term, or condition of this Agreement, or if C ity determines there is a violation of
any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City
may at any time thereafter declare Developer to be in default or violation of this Agreement and
make written demand upon Developer or its surety, or both, to immediately remedy the default or
violation. Developer shall commence the work required to remedy the default or violation within
ten (1 0) days of the written demand from the City. If the default or violation constitutes an
immediate threat to the public health, safety, or welfare, City may provide the demand verbally,
and Developer shall commence the required work within twenty-four (24) hours thereof.
Immediately upon City's issuance of the demand to remedy the default, Developer and its surety
shall be li able to City for all costs of construction and installation of the Pub I ic lm provements and
all other administrative costs expenses as provided fo r in Section 9.0 of this Agreement.
18.2 Failure to Remedy; City Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substanti al completion acceptable to
City within a reasonable time designated by the City, City may complete all remaining work,
arrange for the completion of all remaining work, and/or conduct such remedial activity as in its
sole and absolute discretion it beli eves is required to remedy the default or vio lati on. All such
work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer
and its surety, without the necessity of giving any further notice to Developer or surety. City's
right to take such actions shall in no way be limited by the fact that Developer or its surety may
have constructed any, or none of the required or agreed upon Public Improvements at the time of
City's demand for performance. In the event City elects to complete or arrange for completion of
the remaining work and improvements, City may require all work by Developer or its surety to
cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if
conditions precedent for reversion to acreage can be met and if the interests of City wi ll not be
prejudiced thereby, City may also process a reversion to acreage and thereafter recover from
Developer or its surety the fu ll cost and expense incurred.
Page 11 of 15
18.3 Other R emedies. No action by City pursuant to Sectio n 18.0 et ~·of this
Agreement shall prohibi t City from exerci sing any other right or pursuing any other legal or
equ itable remedy available under th is Agreement or any federal, state, or local law. City may
exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent
remedies. City may institute an acti on fo r damages, inj un ctive relief, or specific performance.
19. GENERAL PROVI SIONS.
19.1 Authority to E ntet· Agreemen t. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority make this Agreement
and bind each respective Party.
19.2 Cooperation; F urther Acts. T he Parties shall fully cooperate with one
another, and shall take any add itional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of th is Agreement.
19.3 Const r uction; References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term refe rencing time, days, or period for performance shall be deemed calendar days and not work
days. All references to Developer include all personnel, employees, agents, and subcontractors of
Developer, except as otherwise specified in this Agreeme nt. All references to City inc lude its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference onl y, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
19.4 Notices. A ll notices, demands, in voices, and written communications shall
be in writing and delivered to the following addresses or such other addresses as the Parties may
designate by written notice:
CITY:
City of Temple City
Attn: Bryan Cook, City Manager
9701 Las Tunas Drive
Temple City, Cali fo rnia 91780
DEVELOPER:
LUONG TUAN TRAN
265 W Naomi Ave.
Arcadia, Ca 9 1 007
Luong-tran@sbcglobal.net
Depending upon the method of transmittal, notice shall be deemed received as fo llows: by
facsimile, as of the date and ti me sent provided the origin al is contemporaneously deposited with
United States Postal Service and delivered by regular mail; by messenger, as of the date delivered;
and by U.S. Mail fi rst class postage prepaid, as of72 hours after deposit in the U.S. Mail.
Page 12 of 15
19.5 Amendment; Modification. o supplement, modification, or amendment
of this Agreeme nt shall be bindi ng unless executed in writing and signed by both Parties.
19.6 Waiver. City's failure to insist upon strict compl iance with any provision
of this Agreement or to exercise any right or privilege provided herein, o r City's waiver of any
breach of this Agreement, shall not reli eve Developer of any of its obligations under this
Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions
are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off,
any and all defects, irregularities or defi cienc ies in the authorization, execution or performance of
the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or
resolutions of City with regards to the authorization, execution or performance of the Public
Improvements or this Agreement.
19.7 Assignment or Transfer of A~rreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, thi s Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and any
assignee, hypothecatee, or transferee sha ll acquire no right or interest by reason of such attempted
assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written
consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from
any duty or responsibility under this Agreement.
19.8 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
19.9 No T hird Party Beneficiaries. There are no intended thi rd patty
beneficiaries of any right or obligation assumed by the Parties.
19.10 Invalidity; Severability. If any p01tion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a coutt of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
19.11 Consent to Jurisdiction and Venue. This Agreement shall be construed
in accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parti es' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State CoUtt in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a p arty to the action or proceeding, or that a fede ral right or question is
involved or alleged to be involved in the action or proceeding. Witho ut limiting the generality of
the foregoin g waiver, Developer expressly waives any right to have venue transferred pursuant to
Californ ia Code of Civil Procedure Section 394.
19.12 Attorneys' Fees a nd Costs. If any arbitration, lawsuit, or other legal action
or proceeding is brought by one Party against the other Party in connection with this Agreement
or the Property, the prevailing party, whether by final judgm ent or arbitration award, shall be
Page 13 of 15
entitled to and recover from the other party al l Litigation Expenses. Any judgment, order, or award
entered in such legal action or proceeding shall contain a specific provision providing for the
recovery of Litigation Expenses.
19.13 Relationship Between The Parties. The Parties hereby mutual ly agree
that neither this Agreement, any map related to Parcel Map No. 73719, nor any other related
entitlement, permit, or approval issued by City for the Property shall operate to create the
relationship of partnership, joint venture, or agency between City and Developer. Developer's
contractors and subcontractors are exclusively and solely under the control and dominion of
Developer. othing herein shall be deemed to make Developer or its contractors an agent or
contractor of City.
19.14 Counterparts. Thi s Agreement may be executed in counterpart originals,
whi ch taken together, shall constitute one and the same instrum ent.
19.15 Effective Date of Agreement. Thi s Agreement shall not become effective
until the date it has been formally approved by the City and executed by the appropriate authorities
of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORLVI
By: ____________ _
Eric S. Va il, City Attorney
Page 14 of15
CITY OF TEMPLE CITY
By: __________ _
Bryan Cook, City Manager
By i2"L By:
Luong Tuan Tran
NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
Page 15 of 15
--------------------------
CALIFORNIA ALl-PURPOSE ACKNOWLEDGMENT
lll*lll*lll*lll:ttt:ttl*llll*lll*lll*lll*lll*llt:taat:ttt:ttt:tll*lll*lll$llll*llltllt:ttlttll
A notary public or 0the.r offtcer completing this certificate verifies. only the identrty of the individual who
signed the dorument, to which this certificate is attached, and nat the truthfulness, accuracy, or validity
of that document.
State of Ca lifomia }
County of Lo.s Angeles
On 08-15-2016 before me, __ ____.,K,...E'---"'J""'I.._.A~W.!.!.AN""""'---------------'
(1nswt flkrffril of Notary Public and TnJg)
pe~onal~appeared --------Luong Tuan Tran -----------------------------------------
)<'0 .0¢¢"'><'-<'-A,Q,,Q,"'>-,Q,'{
........ KEJIAWAN :7 0 COMM. # 2125668 :. ~ • .;. • NOTARY PUBliC· CAliFORNIA ~
LOS ANGELES COUNTY 0 ~"" "' v 'v C~~;t!· ~!E1 SEPl}'Z, ~t
who proved to me on the basis of satisfactory evidence
to be t he pe~on(s) whose name(s) is/are subscribed to
the within instrument and adcnowle<fged to me that
h.e/she/they executed the same in his/her/their
authorized capadty{ies), and that by his/her/their
signature(s) on th.e instrument the p rson(s), or t he
entity upon behalf of which the erson{s) acted,
exeruted the instrument.
I certify under PENAllY OF PERJU under the laws of
the State of California that the to going paragraph is
true and correct.
WllNESS my hand and offw:ial
---------------------------OPnONAL--------~-----------------Though the info.rmation is not required by law, it may prove valuable to pef"'S{)ns relying on the document and could
prevent fraud{lfe.nt removal and reatxachment of this form to another document.
De;cr1ption of Attached Document
Ti I f -r. f 0 Subdivis ion Improv ement Ag reement Final PA r cel Map teo .ype o ocument: -------------------------------
Document Date: 08-12-2016 Number of Pages:_........_ _____ _
Signer{s} Otherlhan Named Above: Peggy Kuo , Bryan Cook and Eric S . Va il
Capacity(ies) Claimed by Sigoer{s)
~gnelsName: ________________________ __
D Individual
D Corpora·te Officer -Trttle(s) =~~·~~-.~ D Partner D limited D General
0 Attomey in Fact ,......__. ... 1111111111
0 Trustee
D Guardian or Conservator
0 Other.----------
~!Jner 1s Re,presenting: ------
Signer's Name: _____________ _
D fncfivicfua I
0 Corporate Officer-Title(s}: ---------
0 Partner D Limited D Gen;eral -=====-0 Attome.y in Fact
D Trustee
D Guardian or-Conse.rvator-
0 ~er: ________________ __
Signer is Repf"e!Senting: ____ __
L
CAllfORNfA All-PURPOSE ACKNOWLEDGMENT
1ss:sssssassaasssss:sss:ssss:sss:sssssss:ssssssssssss:ssssasasassssss:sssssssssaaasasssssssssa
A notary public or other offiCer completing this certificate verifies only the identity of the individual who
signed the dorument, to which this certificate is attached, and oot the truthfulness, accuracy, or validity
of that document.
~::::::eles }
On ____________ before me,---------------------
{lnsQrt NamQ o{Natory Pvb+ic and T.r.fJQ)
pe~onal~appeared ______________________________ _
who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the within instrument and admowledged to me that
he/she/they executed the same in his/her/their
authorized capadty(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of wflich the pers.on(s) acted,
executed the instrument.
I certify under PENAlTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and corrett
WITNESS my hand and offiCial seaL
~gnature _______________ ___
{Signatv.rv of Notllry PubJJc)
---------------------------oPnONAL ---------------------------Though the information is. not requi~ by law, it may prove valuable to per5(Jns relying on the rlocvment and could
prevent fraudulent removal and reatxachment of this form to another dcx:umen.t.
D~cription of Attached Document
Title of Type of Document:------------------------------
Docu~ntDa~=-------------------Number of Pages: --------
Signer{s) Othoer-lllan Named Above:---------------------------
<:a,pacily(les) daimed by Signe.r(s)
~gnersName: ________________________ _
o Iooividual
D Corpor.rte Officer Trtle(s) • -.
0 Partner D limited 0 General __l_ .L __.
0 Attorney in Fact
0 Trustee
D Guardian or Conservator
0 Other.
~gner is Repii"!!Senting:
Signer's Name: ____________ _
D Individ'ual
0 Corporate Officer -Title(s): --------
0 Partner 0 timrted 0 General -=====~ 0 Attorney in Fact
0 Trustee
0 Guardran or Col'l!SelVator
0 Other:---------
Signer is Represe.nting: ____ _
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 73719
IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA,
BEING A SUBDIVISION OF LOT 114 OF TRACT NO 5904, AS PER MAP RECORDED
IN BOOK 69, PAGE 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 73719
33.1nstall new driveway approach in accordance with SPPWC Standard Plan 110-2, and
as directed by the City Engineer or his/her designee.
34. Close existing driveway apron, and install necessary improvements (parkway,
landscape, street tree. sidewalk, curb and gutter, any others as applicable) to match
required adjacent sections, and as directed by the City Engineer or his/her designee.
35. Install new concrete sidewalk along the length of the property frontage in accordance
with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or
his/her designee.
36. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
37. Relocate water meter from the sidewalk as directed by the City Engineer or his/her
designee.
38. Rehabilitate existing AC street pavement along the length of the property frontage to
include both proposed Lot .1 and Lot 2 to the centerline of the street as indicated
below, and as directed by the City Engineer or his/her designee:
39. Pay in-lieu fee in the amount of $3,300 for the required rehab to the City. City will
use the in-lieu fees in the future for street rehabilitations as necessary.
40. Underground all services to the property.
'
CITY OF TEMPLE CITY
Administrative Services
626 285-2171
City of Temple City 68 I 32450
07/25/2016 08:33:15.000 Reg CDEV-BHHTWRl
Validation Receipt
CHARGES-
012301
2301 5927 IVAR AVE $
-----------
53200.00
Sub-total $U****53200.00
PAYMENT-
Money order-837011424 $ 53200.00
Change $"**********0. 00
THANK YOU!
Business Hours:
7:3o-6:00 Monday through Friday
,.
oo-~·~
17217TTOLE8
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EXHffiiT "D,,
LIST OF PARCEL MAP CONDITIONS
OF APPROVAL NOT SATISFIED
33.1nstall new driveway approach in accordance with SPPWC Standard Plan 110-2, and
as directed by the City Engineer or his/her designee.
34 . Close existing driveway apron, and install necessary improvements (parkway,
landscape, street tree, sidewalk, curb and gutter, any others as applicable) to match
required adjacent sections, and as directed by the City Engineer or his/her designee.
35.1nstall new concrete sidewalk along the length of the property frontage in accordance
with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or
his/her designee.
36. Remove and replace broken and off grade curb and gutter in accordance with
SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her
designee.
37. Relocate water meter from the sidewalk as directed by the City Engineer or his/her
designee.
38. Rehabilitate existing AC street pavement along the length of the property frontage to
include both proposed Lot .1 and Lot 2 to the centerline of the street as indicated
below, and as directed by the City Engineer or his/her designee:
40. Underground all services to the property.
Attachment B
SHEET 1 OF 2 SHEETS 2 PARCELS
15,800 SO. FT. PARCEL MAP NO. 73719
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVlSION OF LOT 114 OF TRACT NO. 5904, AS PER MAP
RECORDED IN BOOK 69, PAGE 29 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY
OWNER"S STATEMENT
I H£RE8Y STA~ !HAT I AW TH£ O'IINOI OF OR ARE I<Ttll£STEO IN Tl<t L.AHOS INCUI0£1) "MTHIN Tl<l: SUIIIli"SIOH SHOYIN OH TitS WAS' "MTHIN Tl<t OISnNCn"': 80ROtll UNES, AHO I OONSO<T TO Tl<l: PMPARAnOH AHO nuNC OF SAIO WAS' AHO~f?
A NOTARY PVIIUC OR OTHDI OFFlCER COIIPl.ETlhC TitS CERTiflCA Tt VERIFltS OHl Y Tl<£ IDO<nTY OF lHt INDI"OUAL. ....0 SICNED lHE OOCUIIENT TO >HICH
TIIS CERT!FlCATt IS AnACHED. AHO HOT Tl<t TMUTI!FlJUI£SS. ACCURACY. OR VAUOITY OF TI<AT OOC\III£HT.
~~OF CAIS~wu
OH H~ el-l, UJ 8EJ"OR[ wr. N•~~i: \f~ mel~ NOTARY PUIIUC.
POISON AU. y Al'f'OIIED L !A, o 11.~ , ch'\ J\1\111
....0 PRO'o(l) TO It[ OH TI<E..IIASIS OF nSF"ACTORY £\<OOCCE TO BE Tl<t
POISON"" YIHOS£ NAWE"" (Sl'loft[ SUBSOII8£ll TO Til[ "MTHIII IHSTR\Jil£HT
ANO AO<HOW.!DQ1) TO WE TI<AT Ht/SII(~ [)C[CIJTEO Tl<t SAWE IN HIS~~ AUTI<OAIZED CAPAQTY(j0f, AHO TI<AT BY HIS/'Il'll/l)d
SICHATURE(Sf'ON TH£ IHSllM<EI<T Tl<[ POt~ OR TH£ ENnTY UPON
80CALF OF "O!t01 TH£ POISON~ ACTtD. D£CIITtD lH£ INSTliWENT.
I CERTVY UHOOI PENAL. TY OF Ptll.AIIIY UHOOI TH£ LAWS OF TH£ ST A Tt OF CAUf"OIINlA lHAT THE FOREGOING PARAGIIAPH IS TRUI: ANO CORRECT.
A NOTARY P\JIIUC OR OTHtll OF"FlCO! COIII'\£11NC TitS C[RnflCA Tt 'I[Rifl(S OHl Y Tl<£ ID£HnTY OF lHE IHOI\oiOUAL. ... 0 SICH£D Tl<[ O<lO.JWtHT TO I'IHICH TitS CEllllflCA Tt IS An AO£D. AHO HOT TH£ TRUTHfU.)<!SS, ACCURACY. OR VAUOITY OF !HAT OOCIJI,IENT.
~TYOF OF CAUre:';l~eJ
OH M"'j U l-Oll> BUORt wE •• Nl\-?1\it i"' lllti tJ~ NOTARY PUBUC.
I'OISOHAU.Y APf'(JJt(1J Do~" \'1ll tt Joe ChQ'I YltiO~ TO It[ OH THE BASIS OF ACTtiAY NOOK:£ TO BE Tl<£
POl YIHOS£ HAW£6) K/ARE SUBSOIIII(l) TO TH£ "MTitN IHSTRUWENT
ANO ow..EDCED TO WE lHA T ~/TilEY [JC[CIITtD lHE SA>It IN ~/TI<EIR AUTI<OAIZED CAPAQ • AN0 lHAT BY ti~S1)jeft/fi<Elfl
SICHA TUREm OH T1<E INSTRUMENT tRSOO(Sl. OR THE ENnTY UPON
BEHALF ~ lHt POISOO@ ACTEO. ca:coht:D lH£ IN$T11VWENT.
I CEliTVY UNOOI PENAlTY OF POI.AIIIY UNO£R TH£ LAWS OF TH£ STA~ OF
CAISORHIA TI<AT THE FOREOOING PARAGRAPH IS TRUI: ANO CORRECT.
"MlW(SS WY HANO AN0 OFFlQAl SEAL.
SICHATVItt ~ ~fg:[: ~ftY:::
WY PRV<CIP~PUCt OF BUSH£$$ IS IN ~(~~WS COUNTY.
SIGNATURE OMISSION NOTES:
11-tE SIGH41UR( or SUH.HYSl.OPE WATOt ~PANY, ~ or AN EASDIDIT
FOR PIPQJH( ANO RICHTS PURPOSES BY OOCWCNT RECOIIDCD IN BOOK SH:Z. PA()[ 105 OF OFFlQAl RtCOROS. HAS 8EDC OWinED UN0£R TH( PIIO'IISION$ OF
~~T ~~lJ,~T<t{ J!:;.~~T ~~t "'~~ n~ :;ci· s':
SieNA T\JR£5 All( HOT RtWREG BY TH£ lOCAl A()[HCY.
SAIO t:AS!ltEHT IS BLANKET IN NA TUR£.
SOILS REPOR T NOTE:
PURSUAHT TO TM( PR~SJOHS OF S£CT'IOH H4.)ot..S OfF nt[
SI..B)f\iStON' WAP ACl, A SOl.S REPORT BY OI'Wl(INDIITAL Q:O~CHNOLOGY LABORATORY. INC. OATtD OCCEWBt:R JO. 201$. HAS 8EDC PREPARED rOR Til$ SUBOI\oiSIOH. THIS REPCAT ANO ANY SUPI'l.DIENTS Tl<tii£TO All£ OH Fllt "MTI< Tl<£ QTY ~ T"D<Pl£ QTY eutl.OING OFFlQAl
SURVEYOR'S STATEMENT·
TitS WAS' WAS PIIEPAREG BY It[ OR \INOtlt WY OIRtCnCIN AN0 IS BASIEO UPON A TMUt ANO COIIPL£~ MD SUR~ P£Rf"ORWED BY WE OR UNOOI WY DIR£CTIOH IN APRIL. 201~. IN CCIO'ORWANct .. TI< lHt Rto.JIREWENTS OF TI<E 51J801¥SIOH WAS' ACT ANO LOCAL ORilOIIANCt AT Tilt RECUEST OF UJOHC TUAN fRAN C1N APIIIl. 7. 201$. I HEREBY STA~ TI<AT TI<IS PARCEl WAS' sueSTAHTIAU.Y OONI"ORWS TO TI<E APPIIOIIED OR COHOinOHAU.Y APPROIIED TENTAn"': llAI'. F ANY: TI<A T AU. THE llOH\JOIOITS ARE OF Tl<£ CHARACTtll ANO OCCUPY TH£
POSinOHS INDICATED: TI<AT SAID WONUWENTS All£ sumaocT TO ENABlE TH£ SUR~ TO BE RETRACEO: AICl 1HA T Tl( NOTtS FOR AU. CENTtllLJH( WOIAA.IDITS OR FOR AU. CENTtllUN( TIC WCNIWENTS NOTED AS "str All( OH FlU tc THE OFFlCt OF Tl<t QTY ENGINEER OF THE Q 1Y OF T"D<Pl£ QTY.
~It )--3-1'
lS st99 VCPIRtS: 9/J0/2017
BASIS OF BEARINGS
TI<E BEARINGS SHOWN HERECIN ARE BASED OH T1<E BEARIHC H0011"00'"W OF Tl<£
CENTtllltc( OF lYAII AvtNUt AS SliOYoH OH RECORO OF SUR~ Fll£0 tc BOOK st. PA()[ 22. OF RtCORO OF SURVE"r.i, RECORIOS OF SAIO COIP<TY
CITY ENGINEER'S CERTIFICATE:
I HEREBY CtRnFY TI<AT I HA'IE EXAWINED TI<IS WAP; TI<A T IT OONFORWS SUBSTANnAllY TO lH£ TENTAn"': WAS' ANO AU. APPROIIED AL.TEIIAnOHS
THDII:OF; TI<AT AU. PIIO\oiSIOHS ~ TI<E SUBDI\oiSICIN OfiOINAHCtS OF Tl<£ QTY OF Tt>IP\.£ QTY APPUCAa£ AT TH£ nilE OF APPROVAL. OF Tl<t TENTAn"': w» HA"': 8£EN COWPUED "MTH; AHO TI<AT I AW SATlsnED TI<AT TIIS WAP IS ~CHNICAU.Y CORRECT "MTI< RESIPECT TO OTY RECORDS.
BY: ;;:OA-:;\oi0-:;;:--;;9.--.RA;-;CLANO;:-::::;::-----
OH BE HALF OF THE QTY ENC!Ntlll
lS $173 OCPIItt.S SfJ0/2017
bATt
PLANNING COMMISSION CERTIFICATE
I HEREBY CERTlFY TI<AT lHE TENTAn"': wAI' FOR TI<E SUBOI'IISIOH SHO""
0H THIS WAP WAS APPROIIED AT A WEtTING HtlO OH TH£ lOTI< OAY OF
HO\o019£R. 201S. I H£R£BY CEliTIN TI<AT lHIS "AI' SUBSTANnAU.Y COIM'\JES "MTI< Tl<t ~y APPROVED WAS'
COWUHITY O~OPWENT DIRECTOR
Q TY OF TtMPl£ QTY
SPECIAL ASSESSMENrS CERTIFICATE:
I HtRtBY CtRTlFY TI<A T AU. SP£QAI. ASSESSWENTS l£\<ED UNCOI TH£ .lMISiliCnOH OF TH£ OTY OF TOIPl£ CTY TO \IIHICH Tl<£ L.AHO INCLUOED IN TI<E "MTI<IH SUIIIll\oiSIOH OR ANY PART THEREOF IS SU9.£CT. ANO \IIHICH WAY 8t PAlO IN f\Jll, HAVI: BEEN PAID .. M.L.
OIY TRIEASURER -QTY ~ TDIPl£ QTY DATt
CITY CLERK'S CERTIFICATE:
I H£R£8Y CtRTlFY TI<AT T1<E CTY COUNC&. OF lHE QTY OF T1liPl£ QTY BY
WOTlOH PASSED OH APPROIIED T1<E AnACHED WAS'.
6TY cuRii -QTY /1 ftlii\! CTY DATE
~~~ %11f'""mA~~~c:TI"n~ ~:J,%; ~:-::SUPOI=::,.-,SOR==s-=OF:::-:.THE
COUNTY OF LOS AHCQLS AS SECIIRITY FOR Tl<£ PAYilENT OF TAXES ANO SP£0AL. ASSESSWENT$ COli.£CTtD AS TAX[$ ON lH£ lANO SHO"M< CIN WAP OF
PARCO.. WAP NO. 737\i AS R£01.Mfl) BY lAW.
ca:cvnvr OFFlCEll, 80ARO OF SUPER\oiSORS OF TI<E
COONIY OF LOS AHOillS. STA~ OF CAUFOIIh A
DATE
I H£R£8Y C[RTVY TI<AT AU. CEliTFICATtS HAV[ 8EDC Fll£0 ANO OIJ'OSITS HA"': 8EDC WADE TI<AT ARE REQURD) UN00t Tl<( PIIO\oiSIOHS OF SECTIONS
ss•n ANO 6S4U OF Tilt ~\oiSOOH WAS' ACT.
(l([CIInvr OFFlCER. BOARO OF SUPOI\oiSORS OF lHt COUNTY OF LOS ANGEL£5. STA ![ OF CAliFORNIA
bATt
SCALE: 1"= 30' PARCEL MAP NO. 73719 SHEET 2 OF 2 SHEETS
INOICATtS 1H( BOUNDARY OF THE LAND
BEING SIJBOI\oiOED BY THIS WAP.
f'O. S.W, NO TAG, ON 0.1' PER
LA. CO. P'Mll H525, PACES 3158 AND 31~9. flTS 4 F'D. Ur:T TlES PER SAID F8. ACCV'TtD AS C.l. INT£RSECnoH.
~'58·~·E
0 n
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
( ) "'OICAT£5 RECORD OATA PER TRACT NO. 5904, ~.B. 89/29.
(( )) INOICAT£S RECORD OATA PER RECORD OF SUR>£1' RS 159/052.
[ ] INOICATtS RECORD DATA PER PARCEl WAP NO. 112J. P.~.B. 20/48. [( D IHOICATtS RECORD DATA PER RECORD Of SUR'<t:Y RS 69/22.
(!) rcJUNO t.tONUMDH AS NOT£0.
0 SET 2' IP, CEWENT PLUG, BRASS TAO<, TAGGEO LS 8999.
D SET L"T TAGG(l) LS 8999.
---<l-GARIBALDI AVENUE
N'L Y UNE Of LOTS IOJ ANO
r
I
589'58'~'( £121, TRACT NO. $~, W.B. 89-29.
30' ~I ~I" -"' ~ . ~ ~
--158:00' ci;i.OO·)---iT-
r
FO. BRASS CAP IN YoUL ON 0.5' STAWPED l.A. CD. SIJR'<t:YOR R.E. 8J PER l.A. CD. SIJR'<t:YOR
FB 1578, PACE 21. ACCEPTED
AS C.l. INTtRSECTIDH. FITS J
FO. '-" T TlES PER SAIO ra.
'"I~ 2 '
NOT A PART OF THIS SUBDIVISION I~ NOT A PART OF THIS SUBDIVISION
I ~
I
~ N89'59'48'E
158:00· (158.00')--
I
S'LY UNE Of LOTS 103 ANO 121,
[
TRACT NO. 5904, W.B. 89-29. ~ EST AB. BY PRORA noN.
I
t 31800'
--------158.00' (158.00')
I
I
4 il .. I
t nv UHE OF LOTS 10J_J niROUGf 11 1, INO...USI'-'t, 'TRACT NO. $i04, -.,.,8. &lil-29,
E'lY UHE Of LOTS 113 f THROUGH 121, INCLUSI'<t:.
TRACT NO. $9().4, ~ :
~
EST MJ. BY PRORA nON.
Is I! NOT A PART OF THIS SUBDIVISION
1
8 ~
18 §
w.B. 89-29. :::J
8 ~I NOT A PART OF THIS SUBDIVISION
II I (::lJ
I
IOl ~ ::,.. ...;
ct: ...; ::,.. ...... I ~ W'L Y UNE OF LOTS 10J THROUGH 111, INCLUSI'<t:,
I /TRACT NO. ~904, r ~.B. 69-29. I 50'
NOT A PART OF THIS SUBDIVISION
SET r...tT TAGCEO
LS 8999. 0.50'
N00,8'oo'W OITSET.
DH TOP OF WAU..
~--~.0~.~
N8i'5i'4J·w
25' 25'
341.00'
7,9oo so. n .
15&.00'
N89'59'42'W
2
7,900 so. rr.
15a.oo· c1sa.oo·> ~ I
~1.01'
N'lY UNE OF LOTS 111, 112, AND 113,
TRACT NO. 5904, W.B. 89-29. (STAB.
BY PRORA TIDH. ACCEPTtD AS S'l Y UNE
~318.01' ~~oo't
OF LOTS 110 AHO 11• OF SAID TRACT. r .~. ~ ~ 25' 25' NOT A PART OF THIS SUBDIVISION !:! ~ ~i~
~~ ~~ ~
~ L ~-b g ·~·JO-=w-
-ct:.HERMOSA_ DRIVE
H89'59'Jo'w ---(FORMERLY KNOifN AS MAPLE)
f'O. S..W STA.WPEO l.A. RO, FlUSH PER LA. CD. ROfl! 1528, PAGE 18JOB.
S'LY UNE OF LOTS 111, 112, ANO 113, TRACT NO. _L_ 5904, :_ 89~ --
8 50'
_} !I,
--JI80i'(JI800? dl! g z
-371.01° [3fi:'OO'
FO. BRASS CAP IN 1\nl. DH. 0.8' STAMP£1> l.A. CO. SIJR'<t:YOR R.E. 83 PER l.A. CO. SUR'<t:YOR f1! 1578 PACE 13. FITS 5 f'O. r...tT TIES PER SAIO F'8.
ACCV'TtD AS C.l. "'l£REcnOH.